Savannah GA Military Divorce Attorney

Civilian and Military Divorce: A Comparison

A divorce is a difficult process both legally and emotionally.  A military divorce involves either one party that is serving in the military or one party that is a retired military service  member.

 

Just like civilian divorces, military divorcing are ruled by the same guidelines regarding child custody, child support, spousal support, visitation rights, division of property, debts and asset consolidation etc. There is no actual military law than governs service members or their spouses. 

 

The rules for both divorces are same, legal custody gives the parent right to take decisions for child while physical custody entitles the child to stay with the parent. Sometime sole custody to a parent even vetoes visitation rights for the other parent. Joint custody enables both parents to take decisions with regard to child but child lives with one parent while other parent is awarded visitation rights.

 

Child support and spousal support are calculated with both incomes sharing formula, in Georgia. Similarly, military divorce also follows the same decree where support is concerned. Both custodial and non custodial parents have to contribute financially towards needs and requirements of children involved. All decisions about children are have to be approved by the family court which ensures that they are in best interest of child.

 

In a civilian and military divorce, initiation of divorce proceedings by either of the spouses is done by filing a petition at the Georgia family court. The spouse who files or spouse against whom petition is filed should be a resident of Georgia according to divorce residency requirements. In some circumstances, there are Federal legal protections that allow service members to delay their divorce proceedings while overseas or deployed.  Residency requirements for military divorce dictate that either the spouse or service member must be a resident or be stationed in Georgia in order to be allowed to initiate divorce proceedings.

 

Military members have financial protection during a divorce. There is permission to divide only retirement pay and pensions among the spouses during division of property. Moreover, the marriage should have lasted a period not less than ten years for being qualified to claim spousal support and child support.  Military pensions are divisible but follow different regulations from state laws. Similar is the case with retirement pay.