Going through a divorce can be a challenging experience for anyone, and being a member of the military can make it even more complicated. If you find yourself stationed in Georgia and seeking a divorce, you may have specific questions about the divorce process in the state. This article aims to provide you with the necessary information regarding getting a divorce in Georgia while serving in the military.
Overview of Georgia Divorce Laws
When it comes to divorce, Georgia has its own set of rules that apply to all residents, including military members. The state recognizes both fault and no-fault divorces. In a no-fault divorce, you don’t have to prove any wrongdoing on your partner’s part to be granted a divorce. On the other hand, a fault divorce requires demonstrating that your spouse committed certain specific wrongdoings, such as adultery, abuse, or abandonment.
Considerations for Military Members
If you’re a military member considering filing for divorce in Georgia, there are several important factors you should keep in mind.
Residency Requirements
Before filing for divorce in Georgia, you or your spouse must have resided in the state for at least six months. Luckily, military members stationed in Georgia automatically meet this requirement, even if they’ve only been stationed there for a short period of time.
Military Priority
Under the Servicemembers Civil Relief Act (SCRA), active-duty military members are provided certain legal protections, including the right to delay court proceedings if necessary due to military service. This means that if you’re called to serve or are on active duty, you can request a stay on court proceedings for up to 90 days or until you’re available to attend the trial.
Division of Property and Assets
Regarding the division of property and assets in a divorce, Georgia follows the principle of equitable distribution. This means that any property acquired during the marriage may be divided fairly between both parties. It’s essential to note that this also includes military retirement benefits, which would be considered marital property subject to division.
Child Custody and Support
If you and your spouse have children, the court will determine custody and support matters. Georgia courts prioritize making decisions that are in the best interests of the children involved. Numerous factors are taken into consideration, such as the child’s relationship with each parent, the child’s age, and their educational and medical needs.
Getting Started with a Military Divorce in Georgia
To initiate a military divorce in Georgia, you’ll need to file a complaint or a petition for divorce with the Superior Court in the county where either you or your spouse resides. Additionally, you’ll need to provide a copy of this document, along with a summons, to your spouse. If your spouse is out of state or deployed, special permission from the court may be required to serve them through alternative means.
Conclusion
Navigating the process of getting a divorce in Georgia as a military member can be complex. Seeking the guidance of experienced military divorce attorneys is highly recommended to help you navigate this process. With the assistance of a knowledgeable lawyer, you can work towards a fair and equitable resolution that protects your rights as a military member and ensures the best possible outcome for your family.