Guiding Military Families Through Divorce in Georgia
Military divorce brings a special set of challenges for service members and spouses. With Augusta home to Fort Gordon and many military families, we understand the pressures you face—frequent moves, deployments, and the complex mix of federal and state law. Whether you’re stationed nearby, overseas, or supporting a loved one in uniform, Joseph T. Rhodes Law Firm is here to guide you through the legal process and protect what matters most. Start with a free, confidential consultation.
Key Aspects of Military Divorce
Compliance with Military and Federal Law
Military divorce is different from civilian divorce. We navigate the Servicemembers Civil Relief Act (SCRA), which can delay divorce proceedings while one spouse is on active duty. We ensure all legal protections are in place and that your rights are respected at every step.
Residency and Filing Requirements
Frequent relocation can make it confusing to know where to file. In Georgia, a service member or their spouse can file for divorce if either has been stationed or a resident in the state for at least six months—even if deployed abroad. We’ll confirm your eligibility and file in the proper court to avoid costly delays.
Division of Military Pensions and Benefits
Dividing military pensions and benefits is complex. Under federal law, the “10/10 rule” allows direct payment from DFAS if your marriage overlapped at least 10 years of service, but courts can still award a portion of retirement in other cases. Survivor Benefit Plan (SBP), Thrift Savings Plan (TSP), and Tricare eligibility may also be at stake. Our firm drafts court orders to meet both Georgia and federal requirements, protecting your financial future.
Child Custody & Deployment
Military service adds unique complications to custody and parenting plans. Deployments and transfers can affect schedules, and courts must consider the realities of service life. We help you build flexible parenting plans, including provisions for communication during deployment and transition back after service. Your child’s best interests and your parental rights are always the focus.
Advocacy for Both Service Members and Spouses
Whether you’re the service member or the spouse, we understand your perspective. If you serve, we defend your rights and help ensure the process doesn’t interfere with your duties. If you’re a military spouse, we fight for fair division of assets and support, knowing the sacrifices you’ve made for your family.
Our Approach to Military Divorce Cases
We approach every military divorce with attention to detail, empathy, and practical solutions. Our process starts with a clear review of your military status, assets, and goals. We handle all filings, negotiations, and court appearances—seeking resolution through settlement if possible, but prepared to litigate if necessary. With experience in complex benefits, multi-state jurisdiction, and unique custody issues, we provide clarity and confidence every step of the way.
Hire an Attorney Who is Experienced in Military Divorce Cases
Military divorce isn’t just another case—it’s a unique challenge that deserves experienced, focused guidance. Joseph T. Rhodes Law Firm knows the legal nuances and practical realities facing service members and their spouses. Let us help you protect what matters most.
Commonly Asked Questions
Military Divorce FAQs
How is military divorce different from civilian divorce?
Military divorce involves federal laws, special protections, and complex benefit division—on top of Georgia’s regular divorce laws. You need a lawyer familiar with both.
Can I file for divorce in Georgia while stationed overseas?
Yes, if Georgia remains your legal residence or domicile. We handle international filings and deployments regularly.
How is a military pension divided in divorce?
Georgia courts can award a share of the pension to a spouse. Direct payment from DFAS is possible if the marriage overlapped 10+ years of service, but courts can still order division even without 10 years.
What happens to custody if I’m deployed?
Parenting plans can include special provisions for deployment, ensuring regular contact and transition back to full custody post-deployment.
How much does a military divorce lawyer cost?
We offer free consultations and clear guidance on fees. Our goal is to help you avoid costly mistakes and move forward with confidence.