The Basics of Military Divorce
If you or
your spouse serve in the military and are considering divorce, you may already
know it's not quite the same as a civilian case. Military families move often,
deployments interrupt daily life, and certain federal laws protect service
members while they're on active duty. The process can feel confusing at first,
but once you understand the rules, it becomes much more manageable.
Where You Can File
In
Georgia, most people can file for divorce in the county where they've lived for
at least six months. For service members who live on base, the state
sometimes requires up to one year of being stationed in Georgia
before filing. Because military families relocate so frequently, you may also
be able to file in:
- The state where the service member is
stationed,
- The state listed as the service member's
legal home, or
- The state where the non-military spouse
lives.
Choosing
the right state to file in can impact how property, benefits, and even
retirement are divided later.
What If My Spouse Is Deployed?
The Servicemembers
Civil Relief Act (SCRA) protects active-duty service members from being
treated unfairly in court while they're serving. If deployment or training
prevents participation in the divorce, the court can temporarily pause the case
(called a "stay") once the member provides a letter from their commanding
officer explaining why they can't appear.
That
protection, however, isn't a loophole to avoid divorce forever. If it's clear
that military service isn't the reason for the delay, say, the person was
properly served but hasn't responded, the other spouse can file an affidavit
explaining that. The judge can then move forward.
What to Expect
Military
divorces usually involve extra paperwork. You'll need recent Leave and
Earnings Statements (LES), deployment or transfer orders, and records for
housing, insurance, and benefits. Because of federal privacy laws, your
attorney will typically request documents directly rather than through
government subpoenas.
A military
divorce still follows Georgia's family laws, it just has extra steps. Knowing
where you can file, how the SCRA works, and what records you'll need will make
the process smoother. With help from a lawyer familiar with both Georgia and
military rules, you can move forward with confidence and fairness.