Military Divorce Attorney Serving Dothan, Alabama

Going through a divorce is never easy. When you or your spouse are in the military, it can add an additional layer of complexity and emotional strain. The process can be fraught with unique legal issues and considerations that civilian couples don't usually face. It's a challenging path to tread but know that you're not alone.

Enter Reese & Reese Attorneys, P.C., a reliable law firm based in Dothan, Alabama. Serving clients throughout Ozark, Enterprise, Daleville, and Fort Rucker, our attorney offers extensive experience working with military couples and families and is here to guide you through the intricacies of military divorce laws. We stand by you, providing the support you need during this trying time.

Understanding Military Divorce Laws

A vital piece of legislation to consider in a military divorce is the Servicemembers Civil Relief Act (SCRA). This federal law provides important protections for service members involved in civil proceedings, including divorce. These protections primarily involve the postponement of civil court proceedings if the service member is unable to attend due to military duty. 

The SCRA can have a significant impact on the timing and procedure of your divorce proceedings. It's there to ensure that service members aren't disadvantaged due to their military service. At Reese & Reese Attorneys, P.C., we understand the nuances of the SCRA and how it impacts your divorce proceedings. We're here to explain its implications and how it affects your divorce timeline. 

Jurisdiction in a Military Divorce

Determining jurisdiction, or where to file for divorce, can be another challenging aspect of a military divorce. Generally, civilians file for divorce in the state where they currently reside. However, for military personnel, it can be the state where the military member is stationed, where the spouse resides, or where the military member claims legal residency. 

Each state has different laws regarding divorce, child custody, and property division, so choosing the right jurisdiction can significantly impact the outcome of your divorce. Our attorney will help you understand the pros and cons of filing in each potential jurisdiction to help you make the best decision for your situation. 

Military Benefits and Divorce

Divorce can also affect various military benefits, including health care, commissary, exchange privileges, and survivor benefits. For instance, under the 20/20/20 rule, former spouses of military members can retain full military benefits if they meet certain criteria. 

The Uniformed Services Former Spouse Protection Act (USFSPA)

Another crucial piece of legislation is the Uniformed Services Former Spouse Protection Act (USFSPA). This federal law provides certain benefits to former spouses of military members. To be eligible, the former spouse must meet specific criteria, such as being married to the military member for at least 20 years overlapping with 20 years of service. This act can provide significant benefits like medical coverage and other privileges under the Morale, Welfare, and Recreation program. Our lawyer will help you understand if you are eligible for these benefits and guide you through the process. 

Impact on Military Benefits

Divorce can significantly impact various military benefits. For instance, installation housing privileges may be lost within 30 days of the service member or other family members moving out due to divorce. Health care benefits through TRICARE may also be affected, but temporary coverage can be obtained through the Department of Defense Continued Health Care Benefit program.  

Divorce Overseas

If you're living overseas and considering divorce, the process can become even more complex. Jurisdiction becomes a significant consideration, with options including the state where the nonmilitary spouse resides, where the service member is currently stationed, or where the service member claims legal residency. Our attorney can provide valuable advice on where to file for divorce and how to handle property matters overseas. 

Child Custody in Military Divorce

Child custody disputes in military divorces are no different from civilian ones in that the court's primary concern is the best interest of the child. However, the unique lifestyle of military families can greatly influence these decisions. For instance, a parent's deployment or relocation can impact their ability to maintain physical custody. The court takes into consideration factors such as the child's age, the parent's ability to provide for the child's needs, and the stability of the home environment.  

Your Rights as a Parent 

Preserving your parental rights while ensuring your children get the support they need during this difficult time is crucial. Attorney Reese has successfully handled numerous cases and will strive to secure the best possible outcome for you and your children.  

Navigating Child Support and Asset Division 

In addition to child custody, other critical issues that arise in a military divorce include child support and asset division. These elements are vital to ensure your children receive adequate financial support after your separation. Reese & Reese Attorneys, P.C. can help you understand your rights and responsibilities. 

Asset Division and Military Pensions 

Asset division in military divorces involves the equitable distribution of marital property, including assets acquired during the marriage, such as real estate, retirement accounts, and investments. Military pensions are also subject to division under the USFSPA. Our experienced attorney can ensure you understand these aspects and help ensure a fair distribution of assets.