Alabama Military Divorce: Special Considerations And Protections

Military divorce cases and civilian divorce cases are not similar. A military divorce involves specific legal considerations and protections. In Alabama, military divorce can take longer than civilian divorce, and various laws and regulations dictate differences in divorce proceedings. In this article, we’ll cover the special considerations and protections that couples should know when seeking an Alabama Military Divorce.

Understanding Alabama Military Divorce

A military divorce in Alabama is similar to a regular divorce, but with additional laws that protect military personnel. Couples whose spouse is a member of the Armed Forces, Guard or Reserves, or is in the process of retiring can file for divorce and follow Alabama divorce laws. Alabama family courts follow several federal laws, including the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA).

The Length Of Military Divorce Proceedings

Alabama military divorce proceedings typically take longer because of various legal considerations that only apply to military couples. One of the primary reasons military divorces take longer is the need to comply with federal protocols that regulate divorce proceedings based on the status of the service member.

Jurisdiction

Jurisdiction is critical when filing for divorce. In Alabama, couples must satisfy the residency requirements to file for divorce. To qualify, one spouse must be a resident of Alabama and file the petition in the county where they reside. Additionally, military personnel must comply with SCRA rules with regards to jurisdiction. A service member who’s not a resident of Alabama but stationed within the state should consult an experienced lawyer regarding the legal steps they need to follow.

Alabama Residency Requirements

In Alabama, at least one spouse must fulfill Alabama’s residency requirements before they can file for divorce. Alabama Code 30-2-5 stipulates that at least one of the spouses must have lived in Alabama for at least six months before filing for divorce.

Military Service Considerations

If a service member is being deployed, the court can grant a stay or postponement of legal proceedings. In such cases, a court may ask for relevant information, such as orders for deployment, duty status or mailing address, to determine if a stay of legal proceedings is necessary.

Child Custody In Alabama Military Divorce

Child Custody arrangements in Alabama military divorces are based on the best interest of the child. The agreement can be either joint custody, sole custody to the non-military spouse, or a shared parenting plan. Alabama courts shall follow Alabama Code 30-3-151 and consider the best interests of the child when determining custody and visitation schedules.

Child Support In Alabama Military Divorce

Child support agreements in Alabama military divorces are based on the same guidelines as non-military divorces. The service member’s income, including allowances and bonuses, is used in calculating the final amount. In Alabama, child support laws exist to ensure both the child’s safety and security are not compromised during the divorce proceedings.

Property Division In Alabama Military Divorce

According to Alabama Code 30-2-51, Alabama is an equitable distribution state. During the divorce, joint assets are considered, and a percentage is assigned to each of the spouses. If the property belongs to the military, it may be considered a federal asset and therefore, protected by federal law. In the cases where an installment or longevity payment is affected after the divorce, the non-military spouse could be entitled to a portion of this provision.

Military Benefits And Divorce

Alabama courts consider military benefits such as pensions as communal property in military divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) guides the division of military benefits to a non-military spouse. The amount determined by the court depends directly on the length of service and the overlaps with the marriage timeline.

Conclusion

Military divorce cases are not simple and require adhering to specific rules and regulations that only apply to service members. An experienced family law attorney that handles Alabama military divorces can help couples navigate through the legal system. Understanding the legal considerations and protections provided to military members will help couples establish a clear strategy that enables them to pursue a fair and equitable outcome.