4 Common Factors to Consider in Military Divorce Cases

by Mary Stearns-Montgomery
on 31 July, 2014

Civilian and military divorce cases may vary due to a number of different factors associated with child support, child custody, and medical benefits.

Stearns-Montgomery & Proctor Associate Attorney, Tracy Crider, has extensive experience working with military personnel on divorce cases. From March 2009 to early 2014, Tracy operated a law firm in Warner Robins, Georgia near Robins Air Force Base. Her clientele frequently consisted of both military members and their spouses.

Tracy commented, “It is important to understand the minefield that is military law. Having an attorney who understands military law can be crucial because not every attorney knows about these key differences.”

Here’s is Tracy’s list of important things to consider when working through a military divorce.

Common Military Divorce Factors:

  1. Spouses may be eligible for full medical, commissary, and exchange privileges. In a civilian divorce, you often lose insurance benefits- In a military divorce case, if you have been married for at least 20 years and those years overlap with at least twenty years of the military member’s service, you could be entitled to continued benefits.
  2. Military members are protected from divorce proceedings while they are deployed. The Service Member Civil Relief Act gives service members protection from being sued while they are overseas – including divorce proceedings. This gives service members the opportunity to postpone court proceedings until they are back in the country.
  3. Georgia requires child support to be paid at the non-dependent rate. Military members receive special allowances as part of their regular pay (BAH and BAS). Georgia law provides that a service member’s income should be calculated with BAH at the without dependent rate, with no locality adjustment.
  4. Deployment should be factored into custody provisions. If military parents could possibly be deployed or transferred, child custody arrangements should include provisions that ensure they maintain regular contact. It is important to include provisions, such as SKYPE contact with the children for the service member as well as provisions to allow continued contact and visitation with the service member’s family where appropriate

Military divorces are subject to a number of state laws and military policies, which can make navigating a military divorce a more confusing and difficult process. At Stearns-Montgomery & Proctor, we have expertise in military divorce cases and are committed to protecting your rights while pursuing your best options.

Contact a Knowledgeable Georgia Military Divorce & Family Law Attorney Today

The attorneys at Stearns-Montgomery & Proctor have been proudly serving the Atlanta metropolitan area since 1988 with four offices located in Marietta, Alpharetta, Buckhead, and Dunwoody.

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