Service Members Face Special Circumstances In A Divorce
If you or your spouse is a member of the armed services, you face unique challenges with your divorce process.
The challenge of deployment and military personnel frequently moving to other states may play a role in child custody decisions. Each judge has an opinion on the best way to handle frequent moves and visitation, and attorney Joshua James has the experience to assist with this difficult issue.
How The Law Protects Service Members During Divorce
Congress understands that service members make many sacrifices by serving our country. Unfortunately, sometimes those sacrifices take a toll on the family. They do not want to see service members being further penalized in the divorce process because they cannot always respond quickly to a complaint filed in court.
The Servicemembers Civil Relief Act protects active duty military from default judgment in court and gives them extra time to respond to a complaint. In addition, the complaint must be served personally, even if the service member is overseas. This may be difficult, but it is not impossible.
The law also protects military retirement benefits and pensions in a divorce. Special rules state how the court can divide these benefits in a divorce and takes the length of the marriage into account. This differs from Alabama’s usual state laws regarding division of property in a divorce.
The court approaches child support and spousal support issues differently in a military divorce. Command may require a service member to pay child or spousal support, even if the court does not.
Hire A Lawyer Who Knows Military Divorce Law
Whether you are a military spouse or a service member, Joshua James has the military divorce experience you need. He understands the nuances of this area of law, and he has resolved divorces for many service members.