As a member of the U.S. Armed Forces, National Guard, or Reserves on active duty and deployed for more than 30 days, you are protected by federal law in certain legal matters. If you face a military divorce in an Alabama state court, the Servicemembers’ Civil Relief Act (SCRA) gives you special rights and options. Here’s what you should know about your rights and how to exercise them in a divorce situation.

Military Divorce Issues for Deployed Service Members 

Service of Divorce Petition

Generally, if your spouse attempts to serve you with a divorce petition by certified mail during your deployment, you have the right to refuse acceptance of the mail. The divorce proceeding cannot continue until your spouse proves you have been properly served under state law. 

Stay of Legal Proceedings

If you’re unable to appear for a proceeding in a legal separation or divorce, the SCRA allows you to ask for postponement of the event. You can request a delay of a certain number of days after your active duty deployment ends. Courts exercise discretion in granting such requests and can shorten or lengthen the amount of time you request. 

Dividing Property & Retirement Benefits

In addition to state laws regarding property division, the Uniformed Services Former Spouses’ Protection Act (USFSPA) gives courts the right to divide assets and distribute retirement pay to an ex-spouse after a military divorce. Before you sign a settlement agreement, you should get legal advice about this complicated process to ensure the fair distribution of your assets.   

Alabama servicemembers facing the end of their marriages during deployment should seek counsel from a lawyer with deep experience in military divorce law. Donna C. Crooks Attorney at Law in Enterprise and Dothan, AL, is a compassionate lawyer with more than 20 years of experience in advising and representing military and civilian clients. In addition to providing clients with a convenient office location just outside of the Daleville Ft. Rucker gate, Attorney Crooks offers phone consultations to individuals who can’t come to the office. Get the advice and representation you need for your circumstances. Visit the website to learn more about the practice and call (334) 598-9534 today to schedule a free initial consultation.