Military families sacrifice far more than most realize. Many times, when military families face complicated, life-changing situations, like divorce, the process and implications are far more so than what is commonly expected in a non-military event. At Attorney Sharon Jackson LLC, we believe in providing military families with exceptional support even through the difficult times. As an experienced Georgia military divorce attorney, you will gain the hands-on support you need to confidently navigate this process.
Honoring Service, Supporting Families
May is National Military Appreciation Month. It is a time to reflect not just on what you do for the country but also on what you sacrifice. Each person needs to find a way to support and give back to those who give so much. During this month, it is important to recognize the dedication and sacrifices that all service members - and their families - undertake.
With that in mind, our legal team fully understands the challenges that come from these situations. These are challenges that are not easy to face and deal with. Military families often face unique legal challenges, including those related to divorce and custody disputes.
Military custody and visitation can be complex for numerous reasons. There are several differences between military divorce and civilian divorce, including:
Understanding the Servicemembers Civil Relief Act (SCRA) can also be critical. This law protects military personnel and families from financial and legal burdens during active duty. The objective is to eliminate these risks so that active military members can focus on their work instead. The implication is that because of this law, there can be delays in divorce proceedings and legal decisions related to child custody.
These are some of the complications that could impact you, but others exist. By working with a Georgia divorce attorney with military family law experience, you gain better insight into what your rights are, including in an SCRA divorce situation.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) is critical in any divorce proceeding involving military members. This federal law allows state courts to divide a military member’s disposable retired pay as if it were marital property during the divorce process. The Former Spouse Protection Act applies when a former spouse is awarded a portion of the member’s military retired pay as property in their final divorce court order.
More specifically, this benefit allows former spouses of retired service members to receive their share of retired pay, as well as alimony and child support, as applicable. USFSPA in Georgia divorce can complicate the process and should be addressed with the help of your attorney.
A component of this is the 10/10 rule. The 10/10 rule is widely misunderstood. The rule says that two spouses are married for at least 10 years, during which the service member has 10 or more years of creditable service, and that the former spouse is eligible for direct payments from the Defense Finance and Accounting Service (DFAS). This applies only to direct payments. A spouse may still be eligible and awarded a portion of the pension if the marriage and service 10-year overlap does not happen. The difference is that the funds would come from the spouse and not directly from the DFAS.
Military families are often spread out across the country. As you navigate the divorce and child custody process, factors related to the deployment of one (or even both) parents must be taken into consideration. What happens when a parent must be deployed or stationed outside of the state?
Georgia laws aim to support both parents playing an active role in the child’s life and favor equal parenting. However, long-distance parenting and visitation can become a concern. In the ideal scenario, parents work out a schedule that meets everyone’s needs.
You did not serve in the military outright, but you did sacrifice. As a result, you are still owed access to healthcare, retirement, and housing benefits. Many non-military spouses do not recognize what their rights are and may agree to a parenting or divorce plan that is not conducive to those rights.
Along the same lines, former spouses deserve financial and legal protections during and after the divorce to protect them from high-risk outcomes. As a former military member’s spouse, you have rights related to:
With the help of our legal team, we can explore the laws that apply to your specific situation.
Read More About Military Divorce and Family Law in Georgia
Military spouse rights in Georgia are complex and multifaceted. With the guidance of a trusted and experienced Georgia military divorce attorney, you can feel better about your future. At Attorney Sharon Jackson LLC, we can help you navigate your rights. When you set up a consultation with our legal team, we will discuss what your rights are, what limitations exist, and what legal strategies may be ideal in your case.
Military divorce is not just about paperwork. It is about protecting your future and your children’s best interests. Top-Rated Georgia Family Law Attorney Sharon Jackson helps Georgia families navigate the complexities of these divorces with compassion and experience. Call (678) 436-3636 for a consultation.
Attorney Sharon Jackson LLC
175 Langley Drive, Suite A1
Lawrenceville, GA 30046
Phone: (678) 909-4100
