Military Divorce

Gwinnett County Military Divorce Lawyer

Serving Military Personnel and Family Members Stationed in Georgia

Military servicemen and women face tough challenges in matters related to divorce, child custody, and family law. The heavy demand on schedules, frequent relocation to new duty stations, health care benefits, and pension plans make military divorce more complex than civilian divorce settlements.

If you are a serviceman or woman, or a dependent of a service member stationed in Georgia, and are considering filing for divorce or have other family law matters, talk to an attorney at Daniels & Taylor, P.C., in Lawrenceville. We understand the issues, and we have extensive experience developing strategies for custody, parenting rights, and property settlements that are fair and make sense for the benefit of everyone involved — particularly the children. Even if you and your spouse think you can handle everything amicably, make sure you have legal representation protecting your rights. What may seem like an unimportant matter now can turn into a significant financial or custody issue in a few short years or upon your retirement from service.

WE CAN HELP YOU! Contact our Gwinnett County military divorce attorneys at (770) 285-1673.

Common Issues For Military Divorces

Some issues involved in a military divorce include:

• Where to file: Is it in your best interest to file in Georgia or in your home state of residency? We will investigate the options and advise you regarding the option that makes the most sense in the long run.
• Child custody and parenting rights: What will happen to your parenting rights in the event of a sudden deployment or change to a work shift that does not accommodate a standard parenting schedule? We make sure the contingencies of military life are taken into consideration.
• Financial support: What rights and obligations does a service member have regarding financial payments for child support and alimony? We protect your financial rights.
• Property settlement: In general, the division of property in a final divorce decree cannot later be modified the way periodic alimony can, so it is important to get it right the first time. We protect your rights and long-term financial interests. What are your rights regarding your share of the military pension? Can the military health care benefits be conferred to your spouse and children as part of the settlement? What will happen to a house or real estate owned by one party prior to the marriage?

Military Divorce Requirements in Georgia

Military divorces in Georgia follow the same basic legal procedures as civilian divorces, but there are unique considerations that arise due to the involvement of one or both spouses in the military. These may include:

• Residency Requirements: To file for divorce in Georgia, at least one spouse must have been a resident for a minimum of six months. A person who has lived on a United States army post or military reservation in Georgia for one year before filing may file for divorce in a county next to that post or reservation.
• Dividing Military Pensions: The Uniformed Services Former Spouses’ Protection Act (USFSPA) plays a significant role in the division of military pensions during divorce.
• Deployment Issues: Deployments can complicate divorce proceedings. It is crucial to address issues related to child custody, visitation, and support during periods of deployment.

Learn more about our family law services at these information pages:

• Divorce
• Child custody and modification
• Alimony
• Property division

What Happens to Custody if a Military Parent Is Deployed?

When a military parent faces deployment, custody arrangements can become complex. Georgia courts aim to prioritize the child’s best interests, and deployment alone is generally not a reason to alter existing custody permanently. However, temporary adjustments may be necessary to ensure continuity and stability for the child.

A deploying military parent can request a temporary custody modification or designate a family member for visitation rights in their absence. Courts often consider a “delegation of visitation” arrangement, allowing a trusted individual, such as a grandparent, to maintain the child’s connection to the deployed parent’s side of the family. This arrangement ensures the child’s routine is minimally impacted and helps preserve family bonds.

Once the military parent returns, the original custody order can usually be reinstated. Georgia law says a parent’s military deployments cannot be the sole factor in deciding that circumstances have changed, and after deployment the law presumes the predeployment parenting plan still serves the child’s best interest, so a parent who wants a permanent change must prove otherwise.

It is essential for military parents to plan ahead, considering deployment’s impact on visitation and custody. By working with a qualified family law attorney, military parents can establish a well-prepared custody plan that takes potential deployments into account, helping to provide stability for their children during times of service.

Contact Our Gwinnett County Military Divorce Attorney Today

At Daniels & Taylor, P.C., we understand the nuances of military divorce and are committed to providing personalized and effective legal representation. Our Gwinnett County military divorce lawyers are ready to advocate for you and navigate the complexities of these cases with skill and dedication. From our office in Lawrenceville, our attorneys represent clients in communities throughout Gwinnett County, Georgia.

Call us at (770) 285-1673 or contact us by email to arrange a free case evaluations today.