A commitment to service and compassion drive our practice
At King & Green, LLC, we provide professional and energetic representation in a relaxed and casual atmosphere. There are several key differences between military and civilian divorces. We have significant hands-on experience handling military divorces and provide the resources you need to protect your rights. Whether you’re stationed at a base in Alabama, somewhere else in our country or even somewhere else in the world, we are fully prepared to assist you with all aspects of the military divorce process, as long as Alabama has jurisdiction over your case.
Residency and service requirements for members of the military are designed to protect active duty servicemen
Federal and state laws have been enacted to protect active duty service members from default divorce judgments. The Servicemembers Civil Relief Act of 2003 was enacted to protect service members’ legal rights while on active duty. For example, a divorce proceeding may be stayed for the duration of a service member’s active duty and up to 60 days thereafter. This automatic postponement can be waived if a service member chooses to proceed with the divorce while on active duty. If a military spouse is serving overseas, an uncontested divorce can be completed without the service member’s physical appearance in Alabama.
To proceed with a military divorce:
- At least one spouse must reside in Alabama or be stationed in Alabama.
- The service member must be personally served with a summons and complaint unless he or she chooses to sign a waiver of service and acceptance.
The grounds for a military divorce are the same as those for civilian divorces.
Division of property, spousal support and child support are subject to special considerations
Alabama family law and federal law govern how the court calculates support and divides marital assets. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs the distribution of military retirement benefits. Under the USFSPA, a former spouse is entitled to a portion of military retirement pay if the marriage lasted at least 10 years during the service member’s active duty.
Child support and alimony are calculated in the same way as in civilian divorces. However, the method that child and spousal support can be deducted from a service member’s pay can differ from a civilian.
Dynamic military divorce attorneys solve problems and build relationships
Military divorces present unique challenges that can make the divorce process more complicated. At King & Green, LLC, we have the knowledge and resources needed to ease the burdens associated with filing for and obtaining a divorce. Visit one of our two office locations in Birmingham and Blount County. Contact us online or call us at 205.937.3687 to discuss your case. We regularly help clients in Birmingham, Hoover, Oneonta, Pinson, Blountsville, Bessemer, Mountain Brook, Gardendale, Leeds, Vestavia Hills, Homewood, Hayden, Snead, Irondale, Fultondale, Mt. Olive, Corner, Bagley, Highland Lakes, Inverness, Pelham, Chelsea, Alabaster, Hueytown, Centerpoint, Forestdale, Adamsville, Graysville, Remlap, Locust Fork, Cullman, Hanceville, Holly Pond, McCalla and other communities in Jefferson County, Shelby County and Blount County, Alabama.