Marietta Military Divorce Lawyer
Military divorces carry rules civilian divorces don't — from the SCRA to military pension division and deployment-aware custody. We know the terrain.
Where and when you can file
A service member stationed in Georgia generally must have lived here for 12 months before filing (civilians need six). You may also be able to file if Georgia was your last marital home. A military divorce can often be filed where the civilian spouse lives, where the service member is stationed, or in the service member's state of legal residence.
SCRA protections and deployment
The Servicemembers Civil Relief Act (SCRA) lets an active-duty spouse pause proceedings — a deployed member can request at least 90 days to respond. Georgia also can't enter a final custody order while a parent is deployed or within 90 days of their return, and a parent's military service can't be held against them in a custody decision.
Dividing a military pension
Under the federal Uniformed Services Former Spouses' Protection Act (USFSPA), Georgia can treat the share of military retirement earned during the marriage as marital property. The '10/10 rule' (10 years of marriage overlapping 10 years of service) only affects whether the former spouse is paid directly by DFAS — not whether they're entitled to a share.
Support and benefits
Child support uses Georgia's guidelines applied to military pay — base pay plus BAH and BAS — and we address healthcare and Survivor Benefit Plan (SBP) issues where they matter to your family.
Questions & answers
Military Divorce: common questions
How long must I live in Georgia to file a military divorce?
Service members stationed in Georgia generally need 12 months of residency before filing (civilians need six), though you may also qualify if Georgia was your last marital home.
How is a military pension divided in a Georgia divorce?
Under the USFSPA, the portion of military retirement earned during the marriage can be divided as marital property. The '10/10 rule' only controls whether DFAS pays the former spouse directly — not whether they're owed a share.
Can deployment delay my divorce?
Yes. Under the SCRA, a deployed service member can request at least 90 days to respond, and Georgia won't finalize custody while a parent is deployed or within 90 days of returning.
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