Guiding You Through The Complexities Of Military Divorce
As many family law attorneys would tell you, the stresses of military life often strain marriages and family dynamics. And in such cases, divorce and child custody disputes are likely outcomes. There is no separate legal category for “military divorce.” But because of its many logistical complications and complexities, it is worth distinguishing it from a typical “civilian divorce.”
At The Manely Firm, P.C., our attorneys proudly represent clients facing the challenges of military divorce, child custody and related matters. With so many military bases and installations throughout Georgia, we have gained considerable experience in this area of family law. Whether you are a service member or military spouse, we work tirelessly to protect your interests and the interests of your children.
Protections At Home During Deployment
While you are off fighting for our country, you can’t afford to travel home for court dates; nor can you afford to worry that missing these dates will compromise your divorce or child custody options. Thankfully, you have protections under The Federal Servicemembers Civil Relief Act. The SCRA allows you to delay hearings or postpone trials while you are on active duty.
In certain cases where it is not necessary for you to attend hearings, our lawyers can attend on your behalf, allowing us to keep the process moving forward. How we proceed on any given issue, however, will be entirely up to your discretion and comfort level.
Division Of A Military Pension And Other Property
Georgia is an equitable distribution state, meaning that couples must generally divide assets equitably in divorce (which isn’t the same thing as perfectly equal). In many military divorces, one of the most important assets subject to division is a service member’s military pension. The non-military spouse typically may be entitled to a share of this pension regardless of the length of the marriage – the “10 Year Rule” is about how the pension gets divided, not whether the pension gets divided.
Does Active Duty Status Impact Child Custody?
Military parents must contend with the very real possibility of deployment without much notice. But this technically has no bearing on a court’s decision to award custody to one parent or the other. Rather, courts make decisions in the best interests of children.
Ideally, if there is shared custody, the two parents can work out an arrangement that accounts for deployment. Parents must address this on a case-by-case basis. Our focus will be to protect your and your children’s interests throughout the custody process.
Discuss Your Legal Needs With An Experienced Attorney Today
With offices in Atlanta, Savannah, Lawrenceville and Marietta, The Manely Firm, P.C., offers high-quality and sophisticated family law representation to clients throughout Georgia (and globally, when necessary). To schedule your initial consultation, call us at 866-687-8561 or send us an email.