Divorces in Arizona are often challenging to navigate. Choosing mediation vs. litigation, deciding on settlement terms for child custody and the division of marital assets, and navigating important questions such as which spouse retains the family home all add a high level of emotion to an already complex legal proceeding. When one or both spouses are members of the military, an already difficult legal matter becomes further complicated. Each military divorce is as unique as each marriage and requires a personalized approach that’s challenging due to deployments, residency changes, and child custody arrangements that require flexibility during deployment. If you or your spouse is an active service member, you need a divorce lawyer with experience in meeting the distinct challenges and obstacles presented by a military divorce in Scottsdale.
Call the experienced military divorce lawyers in Scottsdale today at Stewart Law Group if divorce is the next step in your journey. Our practiced divorce lawyers are ready to provide experienced legal counsel and dedicated representation throughout the Arizona military divorce process.
Why Choose Stewart Law For Your Military Divorce in Arizona?
If you’ve decided divorce is inevitable in your situation, or you’re ready to respond to a divorce petition served to you by your spouse, the military divorce attorneys at Stewart Law Group are ready to put our ten decades of combined experience behind you. The specialized Scottsdale divorce attorneys at Stewart Law offer the following advantages to your military divorce in Scottsdale:
- A record of successful outcomes for thousands of divorcing clients including in Arizona military divorces
- A limited case load so we can devote the time to personalized strategies for every client
- A results-oriented approach, including the special considerations required in military divorces
- Strong negotiation skills with an in-depth knowledge of Arizona divorce law and the unique requirements for military divorces such as entitlements and settlements
- A deep understanding and appreciation for active duty service members, their spouses, and the military lifestyle
Your attorney from Stewart Law Group is ready to begin working on a strategy to achieve the best possible outcome in your military divorce.
When to File for a Military Divorce in Arizona
Arizona military divorces are similar to standard divorces in that neither party must prove grounds for divorce such as adultery or abandonment but may file on the grounds that the marriage is “irretrievably broken.” As with all divorces in Arizona, one spouse must be a resident of the state for at least 90 days before filing, but with a military divorce, one spouse need only be stationed in Arizona for at least 90 days.
If you file for the divorce, you become the petitioner in the process. You’ll need a process server to serve the divorce papers to your spouse. This process may be challenging for a deployed spouse. If you need to serve divorce papers to a deployed spouse, you must file the summons paperwork and complaint with the Hague Convention’s central office. Their task is to coordinate with foreign countries for process serving. An attorney from Stewart Law Group can help with this complex international process. Likewise, if you are a military member or military spouse who has been served with a divorce petition, we are ready to become your dedicated legal advocates throughout the process.
How a Military Divorce Attorney Can Help You
A military divorce requires an attorney who is deeply familiar with the unique challenges of a military divorce, especially when one or both spouses are on active duty. We keep open lines of communication available so you’re well-prepared for each stage of the process. The Scottsdale military divorce lawyers at Stewart Law Group are ready to provide effective legal representation through the following:
- Helping determine jurisdiction for the military divorce with consideration for deployment and spouses stationed in other regions or countries
- The division of marital assets including military pension and other benefits
- Navigating the unique challenges of child custody in military families
- Giving clear guidance on your rights and obligations under federal and state laws, as well as military rules and regulation
- Making accurate determinations of entitlements to ensure you receive your fair share
- Providing legal counsel and guidance throughout negotiations with a resolution-based approach to work toward a divorce agreement to keep you out of court whenever possible
- Advocating aggressively for your rights and best interests in court should a divorce trial become necessary
At Stewart Law Group, we know the benefits of a well-executed divorce settlement agreement but also understand that litigation in court is sometimes required to achieve the outcome you desire and to protect the best interest of your children.
What are the Biggest Challenges in a Military Divorce?
No divorce is easy, but a military divorce poses significant challenges that don’t impact civilian divorces. A military divorce is subject to both state divorce laws and military regulations such as the Uniformed Services Former Spouses Protection Act (USFSPA). This act requires military spouses to accept state statutes for the division of assets, child custody, and child support while also determining the correct military retirement pay and benefits access depending on the length of the marriage. For instance:
- One spouse may claim a portion of their spouse’s military retirement pay as part of their community property if they were married for at least 10 years with one spouse in active duty service for 10 years
- When spouses are married for 20 years to an active duty service member, they may claim access to health benefits and commissary privileges as well as a portion of their spouse’s retirement pay
Navigating child custody also poses a significant challenge for families with active-duty family members due to the difficulties in arranging shared custody and/or visitation rights with an active-duty parent. One option is for a temporary transfer of custody to the other parent during deployment. In some instances, the military spouse’s close relative like a parent or sibling participates in the custody arrangement while the military parent is deployed. A parent’s deployment also increases the other parent’s share of the childcare burden which impacts child support as well as custody. Child support cannot exceed 60% of the active military duty parent’s pay. If you’re looking for help specifically with your child support case, a Scottsdale alimony attorney can help navigate your legal rights.
Call the Military Divorce Lawyers in Scottsdale Today
Whether you are an active duty service member or you’re facing divorce from a member of the military, you need a divorce lawyer with years of experience in this specialized area of divorce law to ensure your divorce case is executed successfully and meets all state, federal, and military guidelines. Call the military divorce law firm of Stewart Law Group today so we can begin protecting your rights and diligently ensure the best possible outcome so you can move forward from the divorce into your new life in the best circumstances possible.