Thousands of couples legally and their marriage every year in Georgia. A small percentage of those filing for divorce each year are military couples. When either spouse pursues military service, divorce can be a bit more complicated to manage.
Technically, the same basic state laws applied to military divorces as to civilian divorces in Georgia. The courts utilize the same overall process for property division and the same rules when allocating custody. However, military divorce does still differ from civilian divorces.
What sets military divorce apart?
The potential for significant delays
Most divorces take months to complete. However, the process effectively begins when one spouse files for divorce. That isn’t necessarily possible in a military divorce scenario. If a non-military spouse files for divorce while a servicemember spouse is on deployment, they can delay the divorce proceedings until they return from their deployment. That may mean waiting many months to move forward with the divorce process in some cases.
The complication of benefits
Military benefits range from housing benefits and Tricare health insurance to a military pension. Typically, military benefits end for non-military spouses soon as the courts finalize the divorce. There may be several logistical issues that arise because of the termination of benefits. There can also be challenges related to a military pension. Depending on the number of service years completed during the marriage, the non-military spouse can sometimes be eligible to receive pension benefits directly from the Defense Finance and Accounting Services (DFAS). Other times, they have to find alternate means to address a military pension.
Custody arrangements may require more care
Military divorces when there are children still living at home can be particularly complex. Couples may need to negotiate custody arrangements that apply in their current circumstance and in the event of deployment or training at a distant location. Having a standard parenting time schedule and also arrangements for virtual visitation and other forms of electronic communication are often necessary.
There can also be other complications during military divorces. Accusations made by spouses can sometimes lead to military discipline, for example.
Understanding what makes a military divorce different can help spouses determine how to prepare for an upcoming divorce. Those who have the right support and reasonable expectations may ultimately be happier with the outcome of a military divorce.