Military divorces, even for reservists, come with unique legal aspects. While reservists are not typically considered active-duty military, their military status still brings specific federal and state rules into the divorce process.
For reservists, the divorce process in Georgia follows similar steps as for civilian divorces, but incorporates additional factors due to military status. Federal laws, such as the Uniformed Services Former Spouses’ Protection Act and the Servicemembers Civil Relief Act, impact everything from pension division to case proceedings, especially if a reservist is called to active duty.
Residency requirements and jurisdiction
In Georgia, filing for divorce requires that at least one spouse has been a state resident for 6 months. This rule applies to everyone, including military families, so reservists based in Georgia can meet these requirements just like civilian spouses.
Military benefits and asset division
Georgia courts consider factors like the marriage duration and overlap with military service when dividing military benefits, including reservist retirement pay, under the USFSPA. This may entitle a former spouse to a portion of retirement benefits, depending on these specifics. Housing allowances and other military benefits may also affect child support and alimony calculations, which makes it essential to account for these benefits accurately.
Custody and child support
When determining child support, Georgia follows civilian guidelines, but adds in military-specific factors. For example, a reservist’s housing allowance might impact support calculations. Child custody, however, is based on the child’s best interests. That test considers each parent’s stability and the ability to care for the child. The possibility of future deployments or relocations due to reserve status can play a significant role in shaping child custody agreements.
Legal protections for reservists
The SCRA offers protections that can delay proceedings if a reservist’s military obligations interfere. This safeguard can be vital if a reservist is called to active duty as it allows them to defer proceedings temporarily until they can fully participate.
A “military divorce” is not specifically required for reservists, but divorces involving reservists are complex due to federal and state laws. Reservists facing divorce should be aware of these unique considerations to ensure an equitable outcome for both spouses and any children involved.