Are Military Divorces the Same as Civilian Divorces in Georgia?

When it comes to finding an experienced family lawyer Savannah residents have different needs for differing circumstances. In many cases, an individual who is a member of the armed services will need the legal guidance of a Savannah child custody attorney. This is where the NYE Law Group can play an important role.

Virtually any divorce can be a difficult process in terms of emotions as well as legal issues. For those in the military, it can have additional issues that must be resolved. Under Georgia law, a military divorce is one that involves either one party who is serving in the military or one party who is a retired military service member.

In simple terms, a military divorce falls under the same guidelines as a civilian divorce in terms of child custody, child support, spousal support, visitation rights, division of property, debts and asset consolidation and so forth. There is no actual military law than governs service members or their spouses.

For the most part, the rules for both divorces are same. This means that the parent who has legal custody has the right to make decisions for the child, while physical custody concerns which parent the child will live with. Sometime sole custody to a parent even vetoes visitation rights for the other parent. Joint custody enables both parents to take decisions with regard to child but child lives with one parent while other parent is awarded visitation rights. An experienced Savannah custody attorney can explain all of this to you in greater detail.

A qualified Savannah child custody lawyer can also explain the issues surrounding child support. For instance, a Savannah custody attorney will discuss with you that in Georgia child support and spousal support are calculated using a formula that includes both incomes. In terms of a military divorce, these same procedures are followed where child support is concerned. When you speak with a divorce lawyer, Savannah resident will find that both custodial and non-custodial parents are normally required to contribute financially towards needs and requirements of the child or children involved. Your Savannah child custody lawyer will also explain that all decisions concerning children must be approved by the family court who is charged with ensuring the best interests of child are taken into account.

It is important to know, however, that military members have financial protection during a divorce when it comes to retired service members. There are certain protections that these individual are entitled to receive. For instance, they are required to only divide retirement pay and pensions among the spouses during division of property, and the marriage should have lasted a period of not less than ten years in order to claim spousal support and child support. What this means is that military pensions are divisible, but they fall under different regulations from state laws. The same applies to retirement pay.

For those looking for a divorce lawyer Savannah residents are encouraged to get professional legal advice which can help protect your rights as well as explain what your options are in these matters.