Legal Question in Military Law in Alabama

AWOLand Divorce

My daughter's husband has been AWOL since Feb. 2005 and she wants to file for a divorce. She has been told that she has to locate him first before she can file. I have a feeling that his mom and grandma are hiding him and they will NEVER give him up. Can I call the Sheriff where his mom lives and report him as being AWOL and have them look for him? My daughter doesn't want anything from him, other than a divorce and thankfully they have no children. I appreciate any help in this matter.

Mona


Asked on 4/13/05, 11:33 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: AWOLand Divorce

Technically if he has been AWOL since 2/05 he is no longer AWOL, he is classed as a deserter. If you know where the fellow is, the best thing to do would be to call the FBI or the military police of the base located closest to him. Provide them with the most specific information possible regarding where the boy is hiding, and they can then use this information to get a search warrant to search the houses for him.

Once he is located your daughter will need to get her divorce petition on file and she'll need to get service on the defendant by having the sheriff (or military police) serve him with a copy of the summons. If he doesn't show up to contest, the divorce will be over pretty quickly.

If his family is hiding him, they are violating the law, and could face prosecution, although honestly, this is fairly rare.

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Answered on 4/13/05, 4:58 pm


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