Military divorce cases are often more challenging than the typical divorce. They require extensive experience in dealing with military deployments, military rules and regulations, military retirement and benefits, BAH and other pay and allowances. They also require the ability to deal with the command and serve divorce, custody and other paperwork on the opposing party. Call Alex M. Brown Law, LLC when you want to work with an experienced military divorce attorney in Evans, GA.
Georgia military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.
There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.
Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Georgia court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter. This is typically the case when the active member is serving in a war. Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.
The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Georgia court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.
The typical military divorce filing requirements are as follows:
The grounds for a military divorce in Georgia are the same as a civilian divorce. Along with the normal Georgia property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retiree’s pay to the former spouse.
The federal laws will not divide and distribute any of the military member’s retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.
In Georgia, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Georgia child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.
If you or a loved one are involved in a military-related divorce, custody case or other family law issue that involves the State of Georgia, then call Alex M. Brown Law, LLC at 706-447-6994 to determine the best course of action for your situation.