Georgia military divorces are unique and require special attention.
In this article, you’ll learn about:
So, let’s dig in.
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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:
Your Georgia military divorce petition can also include temporary orders, like:
So, where do you file for a military divorce in Georgia?
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You can file a military divorce in any of the following three places:
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.
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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.
For Georgia’s military spousal support, two things need to get determined.
Military spousal support in Georgia is similar to regular alimony in Georgia.
A judge will look at:
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:
Related: Grounds for Full Custody of Child
Let’s talk about how long a military divorce takes and the regulations.
A military divorce takes the same amount of time as a normal divorce.
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.
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:
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