Your Quick Guide to Military Divorces
Arizona does not have a separate set of rules for military divorces, but there are additional guidelines that must be followed when one spouse is deployed or lives in a different city. Military couples can still get a divorce while one person is serving elsewhere, but the process may be significantly delayed. Because of the additional considerations military spouses must consider, military divorces can be far more tedious than regular divorces. Therefore, it’s essential that you consult with an experienced divorce lawyer near you to walk you through the complexities and requirements.
Distinguishing Between a Military Divorce and a “Regular” Divorce
Military divorces follow the same procedures as ordinary divorces, including the division of property and assets, as well as child custody and support agreements. However, because military personnel are not always present or nearby, a number of issues can occur. Active deployment, visitation arrangements, and spousal support are all examples. The Service Members Civil Relief Act protects stationed servicemen from unknowing divorce. It demands that divorce procedures be postponed until 60 days following the deployed spouse’s return, or that the deployed spouse waive his or her right to a postponement.
If military troops on active service choose to continue divorce proceedings, they have the option of doing so virtually. Both military and non-military individuals have the same grounds for divorce. Arizona is a no-fault state, which means that any spouse can apply for divorce merely on the grounds that the marriage has irreparably broken down. Military divorces, like civilian divorces, have a 90-day residence requirement.
Property Division as a Military Spouse
Property and asset allocation in civil divorce situations are similar. Military benefits, on the other hand, are governed by the Uniformed Services Former Spouses’ Protection Act, which gives the federal government jurisdiction over how benefits are calculated and distributed. This act says that only spouses of military members who have been married for ten years or more are eligible for benefits after divorce. The state divides and distributes property; yet, military members are sometimes at a disadvantage in this regard.
You will need someone to inspect your property to ensure that it is correctly divided. Child support is determined in the same way that it is in civilian cases, except it cannot exceed 60% of a military member’s wages. Otherwise, the same formulae are applied by taking into account income and a variety of other criteria. Custody arrangements in military divorces can be tough to resolve because the state of Arizona always considers the child’s best interests. Allow an expert military divorce attorney to represent you.
Learn More About Arizona Military Divorces
If you’d like to dig even deeper into military divorces in Arizona, we have several resources that you can turn to. First, we have an awesome free handbook called Arizona Military Divorce Essentials. To order your free book, simply click on the link. The book is written for service members, retired military, and their spouses.
In addition, we invite you to visit our webpage which serves as a comprehensive explanation of various topics related to Arizona military divorces. Family support, child custody, property division, among many other important issues are covered. Click here to visit the Arizona Military Divorce Page.
We Take the Practice of Military Divorce Seriously
We understand how difficult it can be to communicate while on active duty, therefore we make ourselves available to you at all hours of the day. As your Phoenix divorce lawyer, we can handle anything from property division to custody and support to military retirement benefits and more. If you are serving in or have served in the military and are facing divorce don’t hesitate to contact one of or qualified military divorce attorneys today.