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Uncontested Military Divorce in Georgia

What is a “Military Divorce” in Georgia?

In Georgia, “military divorce” is only a little different from a civilian divorce.  However, a divorce in which at least one spouse is an active member of the military, reserve or guard, or is a retired service member, is referred to as a military divorce because it describes the actual, practical situation.  In general though, the same laws that apply to a civilian divorce in Georgia also apply to a military divorce.  But, there are a few exceptions.  Also, there are some special considerations that must be considered in an uncontested military divorce in Georgia that simply do not apply in a civilian divorce.

We routinely handle military uncontested divorces along with “regular” uncontested divorces in Georgia.  However, we recognize the unique and additional issues that our clients are facing as military service members (or as spouses of military service members).

Mr. Jones himself served on active duty in the United States Military for eight years.  He has represented clients in divorce cases for over twenty years.  So, he is extremely well-qualified to advise and represent clients needing military uncontested divorce services (or contested divorce services in selected Georgia counties).

Special Considerations for an Uncontested Military Divorce in Georgia:

When facing a divorce in Georgia, the same federal and state laws governing civilian couples govern military couples.  However, there are several unique rules and complicated issues that apply to military divorces, such as:

Residency, venue and filing requirements

Compliance with military rules and regulations

Division of military pension and other benefits

Supporting an active duty spouse

Custody and Parenting of minor children of military couples

The grounds for a military divorce in Georgia are the very same as in a civilian divorce.  However, for an uncontested military (or civilian divorce) we almost always use Georgia’s no-fault grounds for the divorce unless the parties agree to add additional grounds.  We will address the grounds for divorce in Georgia and some of the unique features of Georgia law that pertain only to an uncontested military divorce in separate blog.  The differences are subtle but important.  We consider them all when advising and representing clients in uncontested military divorce matters.

Federal Laws Pertaining to Military Divorce:

Here are links to some of the Federal laws governing military divorce:

The Uniformed Services Former Spouses Protection Act (USFSPA)

Servicemember’s Civil Relief Act (SCRA)

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