Bivek, Brubaker & Prescott - Marietta family law and divorce attorneys

Military Divorce Lawyers in Georgia


Divorce cases involving military families are quite different from civilian divorce cases. Because there are unique issues exclusive to members of the armed services, it’s important to get legal representation that understands the differences between military and civilian divorce. Military divorce lawyers in Georgia, Bivek Brubaker & Prescott LLC, have extensive experience guiding military families through the legal process. Let us put our experience to work for you.

If you or your spouse is a member of the military and you are facing the prospect of divorce, it is important to get experienced legal help. Contact our military divorce lawyers in Georgia online, or call us at 404-793-6530 to schedule a 30-minute consultation to discuss your situation.

Military Divorce Is a Civil Matter and Calls for a Civilian Attorney

Members of the military and their families are entitled to free legal services through the Judge Advocate General’s Corp, or JAG. However, because the military considers divorce to be a civil matter, one that will be settled in civil courts, JAG will not be able to represent you during a divorce or separation. And because the military does not require its lawyers to be licensed to practice law in the state where they are stationed, the JAG lawyer may know very little about Georgia divorce laws.

Additionally, military divorce can be especially complicated due to the potential number of jurisdictions involved. Because of the Servicemembers Civil Relief Act , (SSCRA), members of the military can maintain a legal residence apart from the state or foreign country where they are stationed. Add to that the spouse’s legal residence, and you have the possibility of three jurisdictions where a military divorce can be filed. We understand the complications that can arise from a military divorce and have experience guiding our clients through any issues that may arise.

If you or your spouse is a member of the military and you are facing a divorce, you will need a civilian attorney—one who understands both Georgia’s divorce laws and the unique considerations that come with military service.

Special Issues Surrounding Military Divorce

While a divorce involving members of the military will ultimately help resolve typical matters such as child support and child custody, as well as property division and spousal support issues, there are a number of special issues that must be considered, including:

Benefits division: Military retirement pensions and other benefits offered to armed services members are often among the most valuable assets subject to property division. Our Atlanta military divorce lawyers have extensive experience helping people reach quick, equitable settlements of all benefits packages. (For an overview of military medical benefits available to a non-military spouse after divorce, visit our page on former military spouse benefits.)  

Deployment and child custody: Deployment typically means you and the other parent of the child will be located in different jurisdictions, different states or different countries. This can pose a variety of problems when it comes to child support, custody and visitation matters. We will work hard to develop a parenting plan that helps children maintain a relationship with both parents, regardless of their location. We have extensive experience and expertise in crafting interstate parenting plans for military service members and have effectively argued in court to protect the parental rights of those serving our country.

Rules and regulations among military branches: Whether you or your spouse is a member of the Army, the Navy, the Air Force, the Marines Corps or the Coast Guard, there will be conflicting rules and regulations that must be considered in terms of handling the divorce. We understand the varying rules and procedures and can help guide you through the process efficiently and effectively.

Choosing an attorney who is unfamiliar with the issues in a military divorce can lead to disaster. At Bivek Brubaker & Prescott LLC, our military divorce lawyers in Georgia are well versed in this area of law and have helped many military families through this difficult time in their lives.

Child Support and Military Pay

In Georgia, even an uncontested divorce requires parents fill out a child support worksheet. Typically, this includes the gross base pay of both parents, plus childcare and child-related medical expenses. For non-military couples, determining the gross base pay is usually as simple as looking at W-2s or pay stubs, but for military couples, it’s a bit more complicated.

We’re often asked how it’s possible to compute military pay for the child support worksheet. Income for a parent who is an active duty member of the regular or reserve United States Armed Forces, the United States Coast Guard, the Merchant Marine, the Commissioned Corps of the Public Health Service or the National Oceanic and Atmospheric Administration, the National Guard, or the Air National Guard includes:

  1. Base pay
  2. Drill pay
  3. Basic Allowance for Subsistence (BAS), whether paid directly to the parent or received in-kind.
  4. Basic Allowance for Housing (BAH), whether paid directly to the parent or received in-kind, which is determined at the parent’s pay grade and without the dependent rate, but includes the portion of the allowance that is not attributable to the area variable housing costs. (You can find the actual amount for the BAH at the website for the Department of Defense)

Georgia code does not consider some types of pay for the purposes of determining gross income. According to O.C.G.A 19-6-5, this includes special pay or incentive pay, allowance for clothing or family separation, and reimbursed expenses related to the parent’s assignment to a location with a high cost of living.

Military retired pay is another complex area that can become an issue in a military divorce. The Uniformed Services Former Spouse Protection Act (USFSPA) offers some guidance on how military retired pay should be considered after a divorce, based on factors like the length of the marriage, length of military service and how long the two overlapped.

We can help you understand military pay and use our knowledge and expertise to give you the best possible results depending on your situation and goals.

Call for a Consultation with a Military Divorce Lawyer in Georgia

Whether you are dividing property or developing a proper custody and visitation plan, the issues confronting military families in a divorce require an experienced and understanding hand. In fact, Melanie Brubaker has extensive experience working with members of the military and divorce.

Members of the military receive free consultations and reduced rates. Contact our military divorce lawyers in Georgia online, or call us toll-free at 404-793-6530 to schedule a 30-minute consultation to discuss your situation.

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