Huntsville Military Divorce Attorneys

Alabama firm handles marriage dissolution for service members

Amy A. Slayden Family Law P.C. is experienced and knowledgeable about the issues that may be encountered in a divorce involving a military service member, including retirement benefits, disability benefits, child support garnishments and other matters exclusive to a divorce involving a military member. You can rely on our Huntsville military divorce attorneys to protect your rights and to work toward an optimal outcome.

Unique challenges with a military divorce

Divorces in which one or both of the spouses are service members raise such issues as:

• Residency requirements to establish the court’s jurisdiction over the divorce
• Military benefits, which may affect how property is divided between the spouses
• Foreign deployment of a spouse, which may trigger due process protections
• Preparation of military retired pay division orders
• Understanding the difference between retirement and disability income as it relates to division of assets, payment of spousal support, and payment of child support. 

Our Huntsville divorce law firm is experienced in helping service members or their spouses deal with all of these challenges. 

Jurisdiction and filing for a military divorce in Alabama

Federal law governs whether you may file a military divorce in a state court. You can file for divorce in Alabama if and only if:

• The military spouse is deployed here.
• The military spouse is domiciled — that is, permanently resides — in Alabama, which may be indicated by where they vote, own a home, pay taxes, register their car or reside when they aren’t deployed.
• The military member claims Alabama as his or her home state. 
• The military member agrees to the jurisdiction of an Alabama Court even if not domiciled here or claim the state as his or her home state.

A family law attorney at our firm can provide the experience and understanding of military divorce law you need to determine your eligibility.

Dividing assets and benefits in a service member divorce

If one member of a divorcing couple in Alabama receives retirement benefits, the court may apportion a share of it to the other spouse as part of equitable distribution in a divorce. That includes most military retirement pay. However, military disability pay, which can replace or reduce military retirement pay, cannot be divided as a property settlement in the divorce. It can be considered in determining spousal support. A family law attorney at our office can help ensure that your rights are protected.

Child custody and support considerations for service members with a family

State law applies to child custody, child support and alimony issues in military divorces. In general, the best interests of the child control custody decisions at the initial determination of custody. However, there can be challenges with custody arrangements due to frequent relocations or deployments. Courts often consider the impact of these factors on the child’s stability and well-being. 

Impact of deployment on divorce proceedings

The Servicemembers Civil Relief Act (SCRA) may delay divorce proceedings when a military spouse is deployed on active duty. That spouse must apply for a stay of proceedings and document their deployment. The SCRA also prevents a default judgment against the military spouse and prohibits the judge from considering their deployment as a factor in a deciding child custody. If you are a military spouse who is deployed or about to be deployed, we will enforce all of your rights under the SCRA.

Contact an accomplished Huntsville military divorce lawyer to make an appointment

The Huntsville firm of Amy A. Slayden Family Law P.C. handle military divorces in Alabama for clients in Madison, Limestone, Morgan and Marshall counties. To schedule a consultation, please call 256-529-4437 or contact us online.