An infographic presentation of military divorce process
Military Divorce Process in Alabama
For uncontested divorces, a summons is not required to be served.
For contested divorces, a summons is required to be served.
Jurisdiction must be determined by the court. If residency requirements for litigation in the requested court are met, the divorce process continues.
Adequate grounds established. No-fault divorce (incompatibility or breakdown of marriage) or fault-based divorce for reasons such as adultery, pregnancy at the time of marriage, voluntary abandonment, habitual drunkenness, incarceration, etc.
Deployment does not constitute voluntary abandonment in most states.
Property division, alimony, and child support is determined by the couple or the judicial system if agreement cannot be made.
Military Divorce Law
The Servicemembers Civil Relief Act protects active-duty service military members from certain civil and financial obligations while serving our nation, including responding to divorce summons.
The Uniformed Services Former Spouses Protection Act automatically entitles former military spouses to a portion of the service members’ retirement pay if the couple was married for 10 years or more and the member served for 10 years creditable toward military pension.
Alabama divorce law requires the plaintiff or defendant to be a resident of Alabama. Residence in a military installation or barracks in Alabama does not constitute residency.
How to file
For Military Divorce
Speak with an experienced military divorce lawyer about your legal options.
If you or spouse is deployed, courts require waiting until deployment discharge.
Establish grounds, jurisdiction, and residency for divorce.