MILITARY DIVORCE ATTORNEY — FORT BENNING & COLUMBUS, GA

Military families face unique challenges in divorce that civilian families simply do not encounter. From the division of military retirement pay to the protections afforded by federal law, to the specific residency rules that apply to service members stationed at Fort Benning — military divorce is a specialized area that requires an attorney who knows both the law and the local courts.

Brian A. Ramey has practiced family law exclusively in the Columbus, Georgia and Phenix City, Alabama area for over 20 years. He has represented military families from Fort Benning throughout his entire career — handling the full range of issues that arise in military divorce, from military pension division to custody arrangements affected by deployment. He is licensed in both Georgia and Alabama and knows the courts on both sides of the Chattahoochee River.

If you are a service member or military spouse dealing with divorce in the Fort Benning area, you need an attorney who understands your situation specifically — not just divorce law in general.

Residency Requirements for Military Divorce in Georgia — An Important Distinction

Georgia's standard residency requirement for divorce is six months. However, there is a critically important exception that every Fort Benning service member and spouse needs to understand.

Under O.C.G.A. § 19-5-2:

"No court shall grant a divorce to any person who has not been a bona fide resident of this state for six months before the filing of the petition for divorce, provided that any person who has been a resident of any United States army post or military reservation within this state for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to the United States army post or military reservation."

In plain terms — if you live on baseat Fort Benning, Georgia law requires you to have resided there for one year before you can file for divorce in Georgia, not six months. This is because Fort Benning sits on federal land and is technically not subject to Georgia's standard residency rules.

However, if you live off base— in Columbus, Phenix City, or anywhere else in the surrounding area — the standard six month residency requirement applies.

This distinction matters enormously and catches many military families off guard. Knowing exactly where you stand before you file can save you significant time, money, and frustration.

The Servicemembers Civil Relief Act — Know Your Rights

The Servicemembers Civil Relief Act, or SCRA, provides important legal protections for active duty military members involved in civil court proceedings, including divorce. Key protections include:

· A military spouse who is on active duty and unable to appear in court due to military duties may request a minimum 90-day stay of proceedings. Courts may grant longer stays depending on circumstances.

· These protections exist to ensure that no service member is placed at a legal disadvantage simply because of their military obligations.

It is important to understand that the SCRA does not stop divorce proceedings permanently — it provides a temporary delay when military duties make participation in court proceedings impossible. An experienced attorney can help both service members and their spouses navigate these protections fairly.

Military Retirement and the 10/10 Rule — What You Need to Know

Division of military retirement pay is one of the most misunderstood areas of military divorce. Here are two things every military family needs to understand:

The retirement can be divided.Under the Uniformed Services Former Spouses' Protection Act, or USFSPA, Georgia and Alabama courts may treat military retired pay as marital property subject to division in a divorce. Attorney Ramey has handled military pension division many times and knows how to protect your interests whether you are the service member or the former spouse.

The 10/10 rule does not mean automatic entitlement. A common misconception is that if you were married for at least 10 years while your spouse was on active duty for at least 10 of those years, you are automatically entitled to a portion of their retirement. That is not what the rule means. The 10/10 rule only determines whether DFAS — the Defense Finance and Accounting Service — will make direct payments to the former spouse. The division of the retirement itself is determined by the court, not automatically granted by the length of the marriage.

Brian Ramey has handled military retirement division many times and will make sure you understand exactly what you are entitled to and how to protect it.

BAH and Child Support — Georgia vs. Alabama

BAH and Child Support — Georgia vs. Alabama

Basic Allowance for Housing, or BAH, is treated differently in Georgia and Alabama when calculating child support — another important distinction for Fort Benning families who may have options about which state to file in.

· Georgia uses non-locality BAH in its child support calculations.

· Alabama includes BAH in its child support calculations.

This difference can have a meaningful impact on the support amount calculated, and understanding it before you file can make a real difference in the outcome of your case.

Custody and Deployment

Deployment creates unique custody challenges that standard parenting plans are not always equipped to handle. Georgia's Military Parents Rights Act provides specific guidelines for military custody situations, including how to maintain a child's relationship with a deployed parent, how a deployed parent's parenting time may be delegated to extended family members, and how the parenting plan resumes when the service member returns.

Attorney Ramey has extensive experience drafting parenting plans that account for the realities of military life — plans that protect both the service member's parental rights and the stability of the children involved.

Serving Both Sides of the River

Fort Benning straddles the Georgia-Alabama state line, and military families live throughout the Columbus and Phenix City area. Brian Ramey is licensed in both Georgia and Alabama and regularly represents military clients in Muscogee County Superior Court and in Russell and Lee County Circuit Courts in Alabama.

Serving military families throughout the Fort Benning area in Muscogee, Harris, Chattahoochee, Marion, and Talbot counties in Georgia, and Russell and Lee counties in Alabama.

Contact us today to schedule a consultation and speak directly with Brian about your situation. Military divorce is complex — make sure you have an attorney who has been doing this, right here, for over 20 years.