Military divorce is not a legal term, rather the phrase is used to describe a divorce involving service members and their families.
Filing for Military Divorce.
A military divorce, just like a regular divorce, can be resolved in an uncontested or contested fashion.
Before beginning the process of obtaining a military divorce, a service member or the spouse of a service member must ascertain where they can file for divorce. Often times this question is easily answered, but because service members are often stationed in other states or countries, for instance, the residency and filing requirements merit special consideration. Ultimately, state law will determine if the court has jurisdiction over a spouse in a divorce proceeding.
On the other hand, both state and federal law will be come into play when determining whether the court can divide military retirement.
Active Duty Spouses.
The “Service Member’s Civil Relief Act” protects military members by temporarily suspending judicial proceeding, administrative proceedings and transactions. This right is extended to all members on active duty in all branches of the armed services as well as members of the National Guard who are called to active duty for over thirty consecutive days to respond to a national emergency.
Military Retirement Pay as Divisible Property.
In Alabama, military retirement pay can be treated as divisible property. This means that a former spouse can receive up to fifty percent of the service member’s disposable retirement pay upon divorce. There are set guidelines for determining what payment a former spouse will receive, if any, thus it is important that you speak with an attorney experienced in dividing military retirement benefits.
Child Custody in Military Divorce.
Often contentious and emotionally daunting, child custody disputes can be even more overwhelming in the context of military divorce. If you are a parent who is separated or divorced from your child’s other parent, your relocation or change of station may impact your custodial arrangement. If you are subject to relocation and have custody and/or visitation with your child, it is important that you meet with an attorney to understand and discuss the intricacies of the relocation process.
Let Us Help.
Due to the Redstone Arsenal, the significant number of government contracting agencies, and the location of our firm, our attorneys have worked with service members from all branches and are prepared to guide you through this process. We invite you to contact our office to schedule a consultation so that we can discuss your rights and obligations.