Lawrenceville Military Divorce Lawyer
Are you or your spouse in the military and going through a divorce? Military divorce can be highly complicated. Our skilled team of Lawrenceville military divorce lawyers are ready to help you through the process to obtain the outcome you deserve.
Crystal Wright Law, has been serving families in Lawrenceville, GA, and Gwinnett County for nearly a decade. We have handled all types of divorces and family law issues, including military divorce.
How Crystal Wright Law, Can Help You With Your Military Divorce in Lawrenceville
Going through a military divorce can be overwhelming, regardless of whether you are a military spouse or civilian spouse. You have to navigate Georgia divorce process and military law for issues like child custody, child support, property division, and spousal support. Our Lawrenceville divorce lawyers are here to help.
At Crystal Wright Law, we understand how military and civil law work together during military divorces. We’ve been handling divorces and legal issues for families in Lawrenceville, Georgia, for almost a decade. We’ve even received the “Avvo Client’s Choice Award” for our dedication to our divorce clients.
We are fully aware of the potential pitfalls that may arise over the course of your divorce proceedings. More importantly, we know how to overcome those obstacles. When you retain our services, you can be certain you are in good hands.
Here are just a few of the services you can expect from our Lawrenceville family lawyers:
- Provide you with a initial consultation
- Listen and understand the facts of your case
- Give you a walkthrough of the military divorce process
- Offer legal advice and help you develop a divorce plan
- Handle negotiations with opposing parties and counsel
- Communicate regularly with you, updating you as your case proceeds
At Crystal Wright Law, we take pride in providing our clients with exceptional legal representation. Contact our law office in Gwinnett County to schedule your consultation with a Lawrenceville military divorce attorney.
Overview of Military Divorce in Georgia
Before filing for a military divorce, it is important that you seek the services of a family law attorney skilled in military divorce. During any divorce proceeding, a wide range of family law issues may arise, including spousal support, child custody, visitation rights, child support, and division of assets.
Military divorce proceedings raise additional factors that must be taken into consideration. You need a skilled divorce lawyer to help you navigate these various issues.
Residency Requirement For a Military Divorce in Georgia
The residency requirement for someone seeking a divorce in Georgia is six months in most cases. However, suppose a person is not a resident of Georgia but is a member of the military and lives on a Georgia-based military post. In this case, the residency requirement is increased to 12 months before the person is allowed to file for divorce.
If the plaintiff (person filing for divorce) is deemed to be a resident of Georgia, the divorce can be filed in Georgia—military courts do not have jurisdiction to grant divorces.
The laws of the state of Georgia govern divorces, but there are some federal laws that may apply in military divorce cases. These federal laws can affect how the state handles divorces that involve members of the military.
Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) is intended to allow military members to suspend or postpone certain civil obligations that could impede their ability to focus on their military duties.
Under the SCRA, active military members are able to delay court proceedings. For example, Georgia requires a response to a standard divorce complaint within 30 days. But if you file a petition for divorce against a spouse deployed on active duty, federal law allows them to delay their response for up to 90 days. In some cases, the judge may even grant a longer allowance.
This extended waiting period is not automatic. The service member must apply for the benefits available under the SCRA. Additionally, the service member must state that they are on active duty. The court is typically required to grant the SCRA application.
What Are the Grounds For a Military Divorce in Georgia?
The grounds for a military divorce in Georgia are the same as they are for civilian divorce.
Georgia allows for any of the following fault-based grounds:
- Desertion and abandonment
- Cruelty and abuse
- Pregnancy by another man
- Tricked or forced into marriage
- Impotence at the time of the marriage
- Conviction of a crime with a prison sentence greater than two years
- Force or fraud at the time of the marriage
- Substance abuse, such as drug addiction or alcoholism
- Insanity or other serious psychological ailments
These grounds require you to prove that the issue happened and caused your divorce. For example, if you file on the grounds of cruelty and abuse, you will have to prove your spouse was cruel and abusive.
You can also file for “no-fault” divorce if the marriage is “irretrievably broken.” This ground does not require any proof of fault.
How Does Child Custody Work in Military Divorce Cases?
Child custody can be more complicated in military divorce cases if the military spouse is deployed. If this is the case, then the standard custody arrangement may not apply. It will be up to the spouses to work on a satisfactory custody arrangement. If the spouses cannot reach a fair resolution, the court will make a decision that serves the child’s best interests.
The state of Georgia requires that parents seeking a divorce put together a “Parenting Plan” to address issues such as child custody and visitation. In military divorces, this plan will account for normal custody issues and prepare for the military parent being deployed.
That a military parent is deployed does not mean the civilian spouse automatically gets custody of a child. In fact, Georgia law prohibits courts from making a decision on custody while a military parent is deployed and for 90 days following their return.
This is perhaps the most important and critical area of your divorce proceeding. Do not leave the custody of your child to chance. Hiring the services of an experienced Lawrenceville military divorce lawyer at Crystal Wright Law, can make all the difference.
Child Support and Spousal Support in Military Divorce Cases
When it comes to child support and spousal support–also called “alimony”–the military divorce process is almost identical to the traditional divorce process. Service members are still obligated to support their children, and possibly their spouse, in the event of a divorce. If a service member refuses to pay court-ordered support, the military may become involved.
Division of Marital Property in Military Divorce Cases
During standard divorce proceedings, marital property division is an “equitable distribution.” This means a fair distribution of assets goes to each spouse. With military divorces, the laws are slightly more complicated; military retirement assets have to be divided as well.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) influences the division of these assets and may include:
- Military pensions
- Survivor benefit plans
- Health coverage
Our military divorce attorneys will walk you through the process of how to properly divide your marital and military retirement assets in a fair way.
Contact a Lawrenceville Military Divorce Lawyer Today
Are you are going through a military divorce in Georgia? Call our Lawrenceville military divorce lawyers today to learn more about our law firm and what we can do to help you.
Call Crystal Wright Law, to speak directly with a licensed attorney experienced in handling divorce cases in Lawrenceville, GA for a consultation.