Just as being a member of the Armed Services affects other aspects of a military family’s life, divorce is different for those who are actively serving in the military or are retired from the military. Federal law and military regulations protect a service member who is going through divorce.
It is essential that you work with a knowledgeable Huntsville military divorce attorney who has extensive experience in this area of law. At New Beginnings Family Law, our legal team has more than a decade of experience successfully helping service members through the complicated divorce process. Members of our team have coped with difficult family law matters themselves, so we understand the emotions and uncertainty you face. As your military divorce lawyers, we will:
The Uniformed Services Former Spouses’ Protection Act (USFSPA) indicates that military divorce proceedings will be controlled by state law where the divorce petition is filed. However, the same law also describes how military retirement pay can be divided and what service benefits a former military spouse may retain entitlement to. The USFSPA also enforces child support and current alimony payments awarded in a divorce.
Regardless of your military service status, a divorce in Alabama follows state law with a few exceptions. Alabama requires one spouse to live in the state for at least six months in order to initiate divorce cases here. The spouse seeking divorce may include in his or her petition a request for child and spousal support, property and debt distribution, child custody and visitation, and additional requests.
After filing the petition, the plaintiff must attempt to notify the spouse of the divorce action. If a spouse’s location is known, the petitioning spouse will fill out a summons and file it with the court. If and when the other spouse responds, the divorce proceeds, with each side working toward a marital settlement agreement, whether the divorce is contested or uncontested.
In most cases, one spouse will hire an Alabama divorce attorney to draft the documents necessary to file the divorce. The other spouse should also hire an attorney to represent him or her in order to make sure the final divorce agreement is fair. Contact our experienced Huntsville military divorce lawyers today to learn about your legal options.
Although military divorce generally follows the guidelines of the state of residence claimed by one or both spouses, two federal regulations trump state law and provide protection to service members:
A service member may obtain an initial delay (or “stay”) for 90 days, which may be extended. The intent is to allow the service member to make arrangements to respond. A judge will not delay proceedings indefinitely, and the court may issue a default divorce if the service member ultimately fails to respond.
Although the laws above provide protection to a service member or retiree in a divorce, they are complex. Meanwhile, each divorce presents its own unique set of facts and circumstances. How the law is applied to your divorce agreement may depend on how it is presented to the judge presiding over the case.
At New Beginnings Family Law, our dedicated Huntsville military divorce lawyers understand how both state law and federal law affect our clients. We fight for divorce settlement agreements that are fair to you. Contact us today to get started.
The military takes a hard stand on service members’ duty to pay child support and/or spousal maintenance (alimony) as provided in a divorce decree. Military service members should know that:
A divorce results in a legally binding agreement. You have personal rights and financial assets in a marriage, both of which should be protected as the terms of your divorce are negotiated and solidified. You also have obligations to yourself, your spouse, and to your children.
A poorly drawn divorce agreement could unfairly cost you your home, a substantial portion of your income, and other assets and possessions. You could also lose the ability to see your children as you want. Let the experienced Alabama military divorce attorneys at New Beginnings Family Law provide thoughtful legal advice and supportive counsel as you make this life-altering transition.
Very helpful and courteous through my entire divorce process. Handled everything professionally and in a great timely matter. Very thankful I chose this law firm to help me with my divorce. The entire team was amazing from start to finish.
“Ruby and all of the staff at New Beginnings were so helpful and understanding. They walked me through everything and were careful to think of every little detail. Thanks to them, the whole divorce process was as smooth as it…
Upon the death of our daughter, we were seeking full custody of our grandson. We had been led to believed this could be a difficult if not impossible task so we were not confident as to what his future would…
Thank you New Beginnings Family Law. I was able to get professional services and excellent advice from them on my family issues. They were very thorough and i was met with a friendly smile when visiting their office. I will…
“In October of 2016, my brother-in-law came to NBFL for help with a custody matter. Due to the situation, we were all fearful and on edge. After meeting with Amber and David, we walked away hopeful. They graciously and patiently…