Process & Rights for Divorced Military Couples

Process & Rights for Divorced Military Couples

May is National Military Appreciation Month. Whether you’re currently active in the military or retired, we thank you for your service. Since our law firm primarily focuses on family law, we’d like to discuss the processes and items to consider when dealing with the unique legal issues regarding divorce for people in the military. There are many aspects to divorce and each case can differ greatly, so it’s best to speak with a lawyer. A divorce or family law attorney may suggest services like:

Woman in military or army uniform sits next to a closed door.
  • Separating assistance for both the service member and spouse
  • Mediation
  • Notary services 
  • Child custody
  • Sorting income taxes
  • Wills
  • Servicemember Civil Relief Act (SCRA)
  • Uniformed Services Former Spouse Protection Act (USFSPA)

Understanding the Divorce Process if You’re in the Military

Going through a divorce can be overwhelming, but you have rights and it’s good to understand them. These rights are extended to both service members and their spouses.

Servicemember Civil Relief Act (SCRA) and Divorce

The SCRA helps protect a service member and their rights when on active duty. This act extends proceedings or can postpone civil court if the service member is unable to attend or can have certain protection for default judgments for failure to respond/appear at trial. For example, those who are fighting overseas and cannot make the court date. If the divorce was filed overseas it can be even more complicated, as the U.S. courts may not recognize a foreign divorce. 

Uniformed Services Former Spouse Protection Act (USFSPA)

The USFSPA is a federal law that can provide benefits to the un-remarried former spouse of military members, such as medical or commissary. A 20/20/20 or 20/20/15 rule may apply, for example, to gain medical benefits the former spouse was either married to the service member for at least 20 years, the service member performed at least 20 years of service, and/or the marriage overlaps the period of service for at least 15 years. Again, an attorney would be able to access your situation and explain what your possible outcomes are.

Talk To An Experienced Alabama Divorce Lawyer

This article should not be considered official legal advice. An experienced divorce or family law attorney can help with divorce as well as child custody, spousal support, child support, division of assets, wills, and more. If you need more information on the military divorce process, your divorce rights, or you are in need of legal counsel, it’s best to speak with someone like Daniel H. Chambers, Attorney at Law, PC. A respected attorney in the Alabama legal community, Mr. Chambers takes pride in successfully negotiating favorable outcomes for his clients and would be happy to help. 

Click here to get a free consultation with an experienced divorce attorney.

We have used Daniel Chambers for legal services on several occasions since 2007 with excellent results. He has assisted our family in each matter with a professional yet tenacious manner. He has always been upfront about possible outcomes and honest about how to appropriately deal with challenging situations. I have recommended him several times over and will continue to do so. He has been an incredible asset to have on our legal team and we have always been satisfied with the results.

Melissa Childers

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Daniel H. Chambers Attorney at Law, P.C.
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TAKE THE FIRST STEP AND TELL US ABOUT YOUR CASE





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