Military divorce cases often raise a number of complicated questions. In reality, there are some unique rules that must be followed when one or both spouses are military members. This article will address some of the most important questions that arise concerning military members and family law issues. If you have questions about your specific family circumstance, reach out to a seasoned family law attorney today.
Where are Divorces Filed Against Service Members?
Perhaps the most commonly asked question by military families is where divorce can be filed against a spouse who is in the military and constantly moving. Service members are able to file for divorce in one of three locations – the state where the spouse resides, the state where the spouse claims legal residence, or the state where the service member is temporarily stationed.
How are Papers Served on a Spouse on Active Duty?
Most military bases have officials who help to serve legal papers against military members. In situations in which a former spouse is actively serving in the military, the former spouse can still be served but must agree to accept the papers. In these situations, an experienced family law attorney can help you to determine the best method to use to serve your spouse.
How are Alimony and Child Support Calculated?
It might surprise you to learn that each military branch has its own rules regarding the payment of alimony or child support. Determining the exact amount of compensation that is due depends on complex issues involving leave as well as earning statements. A seasoned attorney understands how to determine the exact amount of support that a former spouse of a military member can be eligible to receive.
Can Military Pensions be Divided in a Divorce?
Regulations contained in the Uniformed Services Former Spouses Protection Act allow the state of Georgia as well as other states to classify a military pension as a marital asset. This is in stark contrast to other types of civilian pensions, which are often not capable of being divided during a divorce.
What if a Military Member can Not Attend a Custody Hearing?
Georgia once had laws that stated if a parent was away on military duty, the parent’s lack of presence could influence child custody decisions. Fortunately, the Georgia Military Parents Rights Act prohibits judges from issuing final custody orders if one parent is actively deployed in the military. Courts are also prohibited from making these decisions until 90 days after the military member’s deployment has ended so that the military parent has the opportunity to prepare for the case.
Speak with a Knowledgeable Divorce Attorney Today
If you or a loved one is a service member who is navigating the divorce process, you likely have many questions about the process. As a result, you should not hesitate to speak with an experienced divorce attorney who can make sure that your case concludes positively. Contact Vayman & Teitelbaum P.C. today to schedule an initial free case evaluation.