Georgia Military Divorce (How To Get One)

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Georgia Military Divorce - Georgia military divorce laws - military divorce in Georgia - military divorce in GA

Georgia military divorces are unique and require special attention. 

In this article, you’ll learn about:

  • Georgia military divorce laws
  • how to file for divorce in the military
  • army divorce regulations
  • how long does a military divorce take
  • military spouse rights
  • military benefits for divorced spouses

So, let’s dig in.

Custody can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.

If you want to protect your rights, not wrongfully lose custody, and not get raked over the coals financially, fill out the form below. Free consultations are first come first serve. We always run out of slots. Make sure you get yours locked in now.

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Georgia Military Divorce Laws

Let’s talk about some of the divorce laws in Georgia surrounding a military divorce. 

And what you need to do to file for a military divorce. 

Related: Does It Matter Who Files for Divorce First

How To File For A Georgia Military Divorce

There are differences between a civilian and military divorce in Georgia. 

The major one is where you can file for divorce in Georgia

Normally, a spouse has to file for divorce in their spouse’s state of residency. 

But, in a military divorce, the spouse may be stationed in another state while serving.

All that you need to file is the Petition for Divorce packet. 

All that is in a petition for divorce is:

  • Identification of the spouses by name and address
  • Date and place of marriage
  • Identification of children of the marriage
  • Acknowledgment of Residency
  • Grounds for divorce in Georgia

Your Georgia military divorce petition can also include temporary orders, like:

  • Which spouse will have primary (physical) custody of the children
  • Child visitation schedule for the non-custodial spouse
  • Payment of child support
  • Payment of spousal support
  • Which spouse will live in the couple’s house or primary residence
  • Payment of bills and other financial concerns

So, where do you for a military divorce in Georgia?

Related: How to Leave Your Husband

Where To File For A Military Divorce In Georgia

You can file a military divorce in any of the following three places:

  •  the state where the filing spouse lives
  • the state where the military spouse is stations
  • the state where the military spouse has residency

Let’s say you’re filing the divorce papers in Georgia. 

The residency requirements in Georgia are that you’ve lived there for 6 months. 

Related: Penalty For Hiding Assets In Divorce

Getting Military Pension In Divorce

Your spouse can get your military pension in divorce no matter how long the marriage lasted.

The USFSPA dictates how to handle a military pension in a divorce. 

This states that a military pension is treated as property that is subject to division. 

A spouse can get 50% of a pension in a Georgia military divorce. 

But, the law states that they have limited access to your military pension in a divorce. 

They can only get 50% of the pension from the period of the marriage. 

They don’t have access to the FULL Georgia military pension in a divorce. 

Related: How To Get A Divorce In Georgia For Free

Military Spousal Support

For Georgia’s military spousal support, two things need to get determined. 

  • whether a military spouse is eligible for spousal support
  • how much spousal support they should get

Military spousal support in Georgia is similar to regular alimony in Georgia

A judge will look at:

  • how much each person can earn per month
  • what each person’s expenses will be
  • how each spouse can best maintain their standard of living

There is no set formula for military spousal support. 

Judges will determine how much is owed for each case. 

(Unless you’re agreeing on spousal support in an uncontested divorce in Georgia.)

For a military divorce in Georgia, a judge will look at:

  • how long the marriage lasted
  • the age, health, education, and employment history of each spouse
  • each spouse’s earning ability
  • the standard of living during the marriage
  • how long it would take either spouse to gain secure employment

Related: Grounds for Full Custody of Child

Getting A Military Divorce In Georgia

Let’s talk about how long a military divorce takes and the regulations. 

How Long Does A Military Divorce Take

A military divorce takes the same amount of time as a normal divorce. 

But how long does a divorce take in Georgia?

An uncontested divorce in Georgia can take 1.5 – 6 months. 

This depends on how quickly both spouses work together. 

And how quickly they file all of the necessary paperwork. 

But a contested divorce in Georgia can take 6 months up to 2 years. 

How long does a military divorce take depends on each spouse. 

And how willing they are to work together to come to an agreeable resolution. 

Your divorce will take much longer if you both turn every topic into a battle. 

Related: How Long Can A Spouse Drag Out A Divorce

Army Regulations For Divorce

The army divorce regulations are laid out in Army Regulation 608-99.

Army regulations require a soldier to provide support equal to the basic housing allowance. 

This amount is equal to the soldier’s housing allowance with a dependent. 

What if the soldier has more than one support obligation? 

In this case, the amount they pay out gets divided among the parties. 

But, the soldier’s commander can waive the army divorce regulations.

This is allowed when the:

  • spouse makes more money than the soldier
  • soldier is a victim of abuse
  • family member is in jail

Related: Georgia Child Support Laws for Non Custodial Parents

Getting A Georgia Military Divorce

If you want the best divorce lawyers in Georgia to represent you, fill out the form below.

We have the experience needed to ensure that your rights are protected.

This means that you don’t wrongfully lose custody of your children.

We also make sure that your divorce judgment is equitable and fair.

This means you don’t get raked over the coals financially.

After you fill out the form below, we will set up your free consultation.

Talk soon.

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