How a military divorce differs from a civilian divorce

| Jun 30, 2021 | military divorce |

The end of a marriage is difficult for anyone evoking the divorce process in Georgia and elsewhere; however, the process does not always look the same when it comes to a civilian divorce and a military divorce. While state law will still ultimately control the process, there are some issues specific to military law that could require additional steps. Thus, it is important that those involved with a military divorce understand what issues may arise and how best to navigate them.

Military divorce

A military divorce will encompass much of the same issues experienced by those going through a civilian divorce; however, there are additional considerations or factors to address when it comes to family law issues and property division. For example, child custody can be greatly impacted due to one or both parents being in the military. Deployments and temporary duty assignments could impact the ability to spend time with a child. Thus, this could impact how and when a military parent will be able to interact with their child.

Additionally, there are specific rules and regulations when it comes to the division of certain benefits and retirement accounts. Specific procedures will occur when ensuring the equitable division of the military retirement account, which is oftentimes the largest marital property in the divorce. While a civilian divorce can have family law issues and property division disputes, military divorces have unique situations and specific rules to work through them.

Filing for a military divorce

Filing for a military divorce is similar to a civilian divorce, as it requires a complaint to be files, alleging the grounds for divorce. However, in a military divorce, the timing and where one files could be impacted. Military law allows one to file in the state they reside in or where they are currently living for military purposes. Thus, this could be a different state from the state the other spouse lives. Additionally, timing could be when the military spouse is not currently on deployment, as he or she would not be able to attend any hearings at that time.

Whether one is going through a civilian or military divorce, the reality is that it is not an easy life event to navigate and move forward from. In order to ease the stress, emotions and questions one might have, it is vital that one becomes informed of their rights and options. This could help one successfully move through a military divorce, ensuring his or her rights are protected along the way.