Military Divorce

Military Divorce | Andrews & Sanders Law Offices

Common Concerns Regarding Military Divorce:

  1. Jurisdiction
  2. Service of process
  3. Servicemembers Civil Relief Act (SCRA)
  4. Pay – LES
  5. Support
  6. Benefits
  7. Retirement

Jurisdiction:

  • žGA= 6 months domicile
  • žGA= 12 months if stationed at military installation in GA
  • žHome of Record
  • žMinimum Contacts

Service of Process

  • žAcknowledge
  • Off Post
  • On Post
  • žContact Command
  • žAssist – Available for Service of Process

Servicemembers Civil Relief Act (SCRA)

  • žDevote entire energy to defense needs of the nation
  • Stay of proceedings
  • 90 days
  • Significantly affect servicemembers’ rights

PAY- LES

žSTATE LAW DETERMINES WHAT IS INCOME
ž
žGA= MILITARY COMPENSATION AND ALLOWANCES. Income for a parent who is an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the merchant marine of the United States, the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration, the National Guard, or the Air National Guard shall include:
ž
(i) Base pay;
ž(ii) Drill pay;
ž(iii) Basic allowance for subsistence, whether paid directly to the parent or received in-kind; and
ž(iv) Basic allowance for housing, whether paid directly to the parent or received in-kind, determined at the parent’s pay grade at the without dependent rate, but shall include only so much of the allowance that is not attributable to area variable housing costs.
Except as determined by the court or jury, special pay or incentive pay, allowances for clothing or family separation, and reimbursed expenses related to the parent’s assignment to a high cost of living location shall not be considered income for the purpose of determining gross income.

Support

  • žNo court order
  • žEach branch has its own requirements
  • žARMY = AR 608-99
  • žPunishment under UCMJ

žMilitary Divorce Benefits

  • žPRIVILEGES- PX AND COMMISSARY
  • žMEDICAL- TRICARE
  • ž20/20/20= FULL
  • ž20/20/15= AFTER 4/1/85= 1 YEAR
  • žTRANSITIONAL= PREMIUM PAYMENTS

Retirement

  • žUNIFORMED SERVICES FORMER SPOUSE’S PROTECTION ACT 10 U.S.C. §1408
  • ž10 YEAR RULE
  • žSPECIFIC WORDING FOR DFAS
  • ž$ OR %
  • žDD FORM 2293
  • žREMARRY

 

military-Divorce

Based in Savannah, Georgia, we serve clients throughout Coastal Georgia, including Springfield, Rincon, Pooler, Brunswick, Darien, Statesboro, Hinesville, Richmond Hill, Pembroke, Woodbine, Bloomingdale, Hindsville, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island and other communities in Chatham County, Effingham County, Liberty County, Bryan County, Bulloch County, Long County, McIntosh County, Glynn County and Camden County. We also represent service members at Fort Stewart Military Reservation and Hunter Army Airfield, and we handle certain military law matters for clients nationwide.