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Military divorce: How is it different from an ordinary one?

On Behalf of | Sep 17, 2020 | Military Divorce |

Ordinary marriages are difficult enough but a military marriage often has more than its fair share of stresses, with the distance and nature of the job. The nature of the marriage also makes a military divorce more complicated than an ordinary one, as special rules apply that do not to those going through civil proceedings. This is because not only state laws are being applied but also federal military laws.

Georgia residents unfamiliar with the legal system may be overwhelmed by these two competing systems. Federal laws outline which court has jurisdiction or over the division of military pensions, while state laws decide how alimony is awarded. Since state law governs most of the family law issues in a divorce, the decision of where to file is an important one.

The residency requirements for filing divorce papers are different for military divorces, as most states have almost completely abolished them. Therefore, a military couple can file for divorce in the state where the filing spouse resides, where the military member is stationed or where the service member legally resides. Additionally, military members can apply for a stay in civil proceedings while they are on active duty or for 90 days after they have been released from active duty. Custody and child support issues are also unique in military divorces, as one parent is routinely going to be deployed away from the child. As a result, he or she is not likely to have regular visitation or be able to support the other parent.

Understanding the ins and outs of a military divorce on the spur can be complicated, which is why it is helpful to have an experienced attorney guide one through the process. He or she can help Georgia residents achieve the goals they want to through their divorce.