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How a military divorce is different from a civilian divorce

Divorce can happen to anyone, including members of the military. Just like a civilian divorce, a divorce involving a member of the military must address issues such as property division, child custody, child support and alimony.

However, a military divorce is unique in many ways, as well. There are certain laws in place that protect members of the military and their spouses that don’t apply to civilians. Military retirement or pension benefits as well as disability benefits are both very important aspects in any military divorce.

Jurisdiction is also an issue that needs to be addressed in many military divorce cases. In order to file for divorce in a particular state, residency is required, which can be difficult for members of the military to achieve if they have only been stationed in the state for a short time.

Child custody matters can also be more complex in military divorce cases because of the unique circumstances, especially if one parent is deployed. It is essential that the judge presiding over the case recognizes the uniqueness of the family situation when determining child custody.

Finally, military service members can face serious consequences — such as a court martial — if they fail to keep up with their child support or alimony obligations. Therefore, it’s essential that the support orders are set at a level that the service member can afford.

For all of these reasons, if you or your spouse is a member of the military and you are going through a divorce, it is necessary to be represented by a family law attorney who understands the special laws, issues and factors that apply to your case.

To find out more about how our Birmingham, Alabama, family law firm can assist you, please visit our page on military divorce.