Legal Question in Family Law in Alabama

Re: Wife living with another man while in active duty

Well, first of all, that's a horrible thing to have to go through while serving abroad!

If she's asking for child support or alimony, it's a little early for that. Without a divorce and an order from the court to pay alimony or child support, he is under no obligation to do either.

Second, he should speak with a JAG attorney, if he has access to one over there. There are some important protections that he has under the Soldiers and Sailors Civil Relief Act (SSCRA) that he needs to be aware of. Generally, he cannot be held in default for not showing up to court if he is on active duty and out of the country. So, it's really up to him if he wants to grant her the divorce while he's serving overseas. If he decides to go through with the divorce while abroad, he really needs to have a local attorney in AL look after his interests and make sure he gets a fair deal. Obviously, if he wants to fight her for custody of the child, he'll probably want to wait until he gets back to deal with all this. Under NO circumstances should he let her convince him that he has no choice in all this and that he needs to just go along with the divorce and pay her money. She can file for divorce if she wants to but with him out of the country, the court will just shelve it until he gets back. But, either way, he should think about retaining local counsel to argue for him, if need be. Good luck!