Marietta Military Divorce Attorney

Divorces Involving Veterans and Currently Serving

If you or your spouse are currently serving in the United States Armed Forces, or are a veteran of the military, your divorce may be subject to laws that normal civilian divorces are not. These laws may work to the benefit of your situation, but they may also impede the process. You do not have to wade through the procedures alone—get help from a divorce lawyer in Marietta who is familiar with the unique aspects of military divorces.

At Henrickson & Sereebutra, we go the extra mile for our clients. We help military spouses find solutions with the Servicemembers Civil Relief Act (SCRA) and all kinds of issues that arise in divorces. Our Marietta divorce attorneys approach each of our clients' cases with personalized care because we know that every situation is unique. Leave nothing to chance—contact us today and ensure your best interests are protected!

Delaying Divorces for Active Duty Spouses

Military divorce proceedings are affected by several factors, such as whether one or both of the spouses are on active duty. State law provides additional provisions for military spouses who have resided in Georgia for an extended period of time. These are known as residence requirements, and they play a major role in most military divorces.

Under Georgia Code § 19-5-2, courts may not grant a divorce to military spouses who have not been a resident of the state for at least six months before the divorce petition was filed. This allows active duty spouses to put a stay on the divorce proceedings until they have an opportunity to proceed after returning from active duty.

This allows spouses serving in branches of the military to continue focusing on their duties until after an active tour ends. These laws to do not prevent spouses from filing a petition for divorce when they feel it is right—it merely gives all parties involved a fair opportunity to participate and alleviates unnecessary strain in a divorce.

Dividing Property in Military Divorces

The Uniformed Services Former Spouse Protection Act (USFSPA), under 10 U.S.C. 1408, gives additional benefits to military spouses when it comes to classifying separate and marital property in a divorce. Specifically, it protects the court's ability to include retirement pay in marital property, allowing it to be divided between both former spouses. The USFSPA also grants the ability for military spouses to enforce these orders with assistance from the Department of Defense.

Orders that divide retirement pay are subject to what is known as the 10/10 rule. The former spouses must have been married for at least 10 years and contributed at least 10 years of service in the military that may be credited toward retirement eligibility. The 10/10 rule only applies to retirement pay—it does not apply to child support or alimony that is awarded under the USFSPA. The exact division of property and other settlements depends on the unique elements of your own circumstances.

Secure Your Future & Best Interests—Call 888-896-1973

Every divorce is a unique situation that will involve any number of family law matters. There are many obstacles that individuals do not expect to encounter, and in a military divorce, things may only get more complicated. At Henrickson & Sereebutra, our Marietta divorce lawyers are focused on helping our clients obtain positive resolutions for the troubles they may face before, during, and after a military divorce.

When children are involved along with financial assets and other matters, it is important that your rights are fairly represented no matter how easy or difficult the procedures become. Schedule your free consultation with us today and learn how your military divorce may benefit with the dedicated counsel of our legal team!