Military Divorces

Military Divorce Attorneys in Dothan

Military divorce attorneys representing members of the armed forces and their spouses in Enterprise, Ozark, Troy, Dothan and the rest of the Wiregrass area of Alabama

With our original office located in Dothan, Alabama, near Fort Rucker, we often have member of the military seek our advice regarding a divorce.  Divorces involving military proceed just as divorces for civilians.  However, as a member of the United States armed forces, you have certain additional protections. Our Dothan divorce attorneys have experience representing those in uniform and will work to protect you, just as you protect your nation.

No Default Judgment

We have seen some attempt to take advantage of the absence of their spouse by filing for divorce while their soon to be ex is deployed overseas. They believe that they will not get any resistance while their spouse is too busy serving their country, and they hope to obtain a windfall. While deployed, you can’t answer the complaint, and cannot even meet with a lawyer. The Service member’s Civil Relief Act was created to prevent this scenario and requires the family court not proceed on any divorce until you have a chance to return to the United States. Our Dothan divorce attorneys will help you notify the Court of your absence and request a stay of all divorce proceedings.

Military Retirement in a Divorce

Alabama law has special protections for retirement accounts of those going through a divorce.  However, federal law can be complicated when it comes to the military retirement and its payment to a former partner.   Our Dothan divorce lawyers can assist you in compliance with the provisions of the Uniformed Services Former Spouses’ Protection Act.  This is the federal legislation dealing with the retirement account of military members and how and when it can be disbursed in a divorce.

Military Child Support and Alimony in a Divorce

Members of the military also enjoy additional protections when it comes to payment of child support or alimony.  While military members are still responsible for child support under the Alabama Child Support Guidelines and can be ordered to pay alimony in gross and periodic alimony, military members’ combined alimony and child support payments cannot be more than sixty percent of their salary. 

Divorcing a Member of the Military

In addition to representing members of the military, we are also experienced in representing spouses of military personnel considering a divorce.  We know how to serve members of armed forces with divorce complaints, pendent lite orders, and orders for protection from abuse.

While they can seek a stay of any proceeding for 60 days after they have come back from deployment, we know you are anxious to get the process started.  During this period, we can begin to prepare the case and advise you on your rights.  In some cases, being a military spouse can have significant advantages, even after a divorce such as certain medical privileges and commissary privileges if the marriage lasted during 20 years while the military service was ongoing.  However, these  benefits expire upon remarriage to a civilian.

If you or your spouse are in the military, or have retired from the military, contact the Dothan divorce attorneys at Boles Holmes White to discuss your rights in a military divorce.  We can be reached at 334-366-6086.

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