Divorce and the Military: Alabama's Citizen Soldiers should Choose an Attorney Wisely

Divorce strikes every socio-economic group, every religion and every race. Here in Alabama, be it Birmingham, Montgomery, Huntsville or Mobile, and thoughout this great country of ours, legal separation and divorce also plagues our military personnel. Serving the United States of America is one of the greatest honors an American can experience, but being a part of our armed forces also requires great sacrifice. Tours of duty in faraway and often hostile lands put great strains on married couples and the families of these dedicated soldiers.

As a compassionate Birmingham family law and divorce attorney, I’ve seen the heartache of divorce firsthand. No one wants to go there, but as hard as it is to hear, divorce remains a fact of life for many of our service men and woman. Every branch of the U.S. Military has its share of sad stories of families torn apart. My job, as an Alabama divorce lawyer is to make certain that the process is as simple and pain free as possible, while keeping my client’s best interests at heart.

An important point to remember, as a member of the military seeking a divorce, is not to use the same attorneys that assisted your civilian friends or relatives. This is because military personnel and their spouses are subject to a special set of laws that don't apply to ordinary divorces. Furthermore, military divorces are complicated by the physical distances between the parties, especially if one or both spouses are on active duty and stationed overseas or in another state.

For these reasons alone military people need a divorce attorney with special expertise in the state and federal laws that apply to military divorce. My office offers assistance to military personnel in Alabama from all branches of the service, as well as their spouses. This includes divorces between couples who live permanently in Alabama and those stationed in Alabama, as well as representation of people who can't be physically present in Alabama.

Occasionally, these individuals have special circumstances, due to their military service. One of the unusual aspects of military divorce is that these families tend to move frequently and may have a choice of states in which to file -- this allows them and their attorneys to choose the state whose laws best fit their situation. This can make a huge difference in the outcome of a divorce settlement.

From the complications of serving a spouse with divorce papers, to determining support, alimony and property division, choosing the proper divorce lawyer for your personal situation is critical. This is why I always tell fiends and family who have loved ones serving in the U.S. Military to be mindful when contemplating divorce or separation. Your future happiness and welfare could be on the line.

Divorce & Custody Proceedings Involving Military Service Members

The rules regarding divorce or custody proceedings involving military personnel are different than those affecting civilians.  The Soldiers' and Sailors' Civil Relief Act is just one way that military personnel can benefit from these different rules.  The most important aspect of the Act is the availability to stay any civil proceeding, whether it be child custody or visitation, divorce, or child support proceeding confronting the service member or their dependents. 

The Act, signed into law on Dec. 19, 2003 by President Bush expanded service member's protections and rights to include not only temporary suspension of judicial proceedings but also temporary suspension of administrative proceedings and transactions as well.  The Act provides these protections to members on active duty in all branches of the armed services as well as members of the National Guard called to active duty for over 30 days. 

If a service member receives a default divorce judgment for example, the court shall reopen the Judgment to allow the service member to defend if: 1. the military member was affected due to military service in asserting his defense and 2. the application to reopen is filed within 90 days after the end of military service. 

**The military have special rights and obligations pertaining to divorce and family law matters.  I strongly advise all military personnel to speak with an experienced attorney or lawyer who understands the substantial differences in military divorce and family law. 

Military Divorces on Rise

New research shows divorce rates skyrocketing amongst military personnel.  While the divorce rates seem to be falling across the country, the rate is up to one and five in the military.  Army research details a staggering statistic:  divorce rates in the military is up 44% from 2001 to 2007.  According to the Army, women are more likely to file for divorce than men, and enlisted personnel are more likely to file for divorce than officers.  Clearly, long deployments and combat situations have impacted military divorce rates.  It is apparent that much more should be done to help our military families with the stress of military life.  This makes me wonder if divorce among Alabama military personnel is on the rise as well?  I have no stats. on Alabama military divorce rates, but I bet the military divorce rate in Alabama is at least the national average and maybe even higher.