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How the Servicemembers Civil Relief Act affects divorce

On Behalf of | Jan 27, 2022 | Divorce

Being in the military can be a career for some people in Alabama, but it is a career unlike any other. There are many requirements for servicemembers that many civilians never experience in their lives. One of these unique requirements is that they can be deployed to various locations and live on military bases around the world. While servicemembers are deployed around the world, they need to leave their lives in Alabama behind, but that life does not stop for the people still here.

Servicemembers have spouses and children who they will need to leave. Like any other marriage sometimes they are difficulties that arise and couples decide to divorce. However, while servicemembers are deployed they cannot be available for hearings and may not be able to respond to motions. This will create an unfair advantage for the spouse not deployed. To help protect servicemembers who find themselves going through a divorce while deployed, there are special rules that must be followed through the Servicemembers Civil Relief Act.

Protections of Servicemembers Civil Relief Act

This act allows the servicemember to delay proceedings while they are deployed so they can be available to participate. It also prohibits permanent custody orders from being implemented while the servicemember is deployed. Deployment cannot be used as the sole reason to change custody or visitation orders and previously ordered parenting time orders should be implemented upon return of the servicemember as well. It also allows servicemembers to allow other family members to exercise their parenting time while they are deployed.

There are servicemembers in Alabama who have custody orders in place when they are deployed or may find out divorce proceedings are being started while they are deployed. There are laws in place to ensure that nothing permanent can occur while they are deployed and it is important that these laws are followed. There are also additional laws regarding military pensions and other aspects of divorce unique to military members as well. Experienced attorneys understand these laws and may be a useful resource.


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