Atlanta Military Divorce Attorney
Marriage is a challenging journey, and it becomes even more complex when one or both spouses serve in the military. Our Atlanta military divorce attorney understands the unique hurdles military families face, from deployments to frequent relocations. It’s no wonder that military divorce rates are slightly higher than civilian rates. If you’re a servicemember or married to one and are considering divorce, it’s crucial to understand how military divorce laws differ from civilian ones.
Jurisdiction Matters
In a military divorce, there may be an option of which state to file the divorce, depending on where the servicemember and spouse have legal residence. This choice can significantly impact the division of military pensions. According to the Uniformed Services Former Spouses’ Protection Act (USFPA), the servicemember’s state of legal residence has the authority to divide the military pension. Consulting with an attorney experienced in military divorce can ensure you file in a financially favorable jurisdiction.
Expect Delays Due to Federal Laws
The Servicemembers Civil Relief Act (SCRA) aims to protect deployed servicemembers from the distractions of civil litigation, including divorce. This federal law allows for filing extensions and prevents courts from finalizing divorce rulings until the servicemember can be present. While this benefits deployed servicemembers, it can be frustrating for spouses who wish to expedite the divorce process.
Complex Child Custody Issues
Child custody arrangements in military divorces are often more complicated due to the possibility of deployments and other military duties. Courts generally focus on the child’s best interests rather than automatically favoring the non-military parent. Additionally, military families must create and annually update a family care plan that aligns with any court-ordered custody arrangements.
Income Withholding Cap for Support Payments
Military servicemembers are obligated to provide child support and may be required to pay alimony. However, there is a cap on income withholding for these support payments, ranging from 50-65% of the servicemember’s disposable income.
The Significance of the Number 20
In military divorces, if a couple has been married for at least 20 years, and the servicemember has at least 20 years of military service overlapping with the marriage, the non-military spouse may be entitled to lifelong benefits, including TRICARE and commissary privileges, unless they remarry.
Contact Us for Help
At Kaye, Lembeck, Hitt & French Family Law, we bring over 100 years of combined experience in family law, including the complexities of military divorce. Our solution-focused advocacy ensures that you receive personalized, effective legal representation. Contact our Atlanta military divorce attorney today to discuss your unique situation and explore your options.
