The Arizona divorce laws are not different for people in the military seeking a divorce in Arizona. However, there are a separate set of guidelines which need to be followed in the case of a spouse who is either deployed or relocated. Therefore, Military Divorces can be much more complicated to handle than a regular dissolution of marriage in Arizona. Additionally, the relocation of a military member (or deployment of a military member), does not stop divorce proceedings, though they can be delayed. Consulting with an Arizona Military Divorce Lawyer will help to clarify the issues that you may have when seeking a military divorce in Arizona.
Usually, spouses who are seeking divorce or are being divorced while in the military need an experienced Arizona family lawyer to assist them and fight on their behalf.. The Service members Civil Relief Act (SCRA) protects the rights of active duty service members who are unable to participate completely in divorce proceedings because of their military assignments. The act will also protect service members from receiving a default judgment and allows the service members up to 90 days after leaving active service to respond and defend themselves in divorce proceedings.
For more information on the SCRA and divorcing a spouse in the military, contact our Phoenix Military Divorce Attorneys. Let our experienced family lawyers
Please keep in mind, For an Arizona court to have jurisdiction over an active military member, the member or spouse must have lived in Arizona for 90 days prior to filing for divorce and the member must be personally served with a summons and a copy of the divorce action (unless the divorce is uncontested, and he/she waives this right by signing a waiver affidavit)
Call us today and schedule your divorce consultation with one of our Arizona Divorce Attorneys. With Arizona offices in Phoenix, Mesa, Tucson, Glendale, and Avondale. Call our Arizona Military Divorce Attorneys for more information on getting divorced while in the military.
A military divorce is the termination of a marriage where one or both spouses are members of the military. A military divorce will proceed just like a civilian divorce if the military partner isn’t currently deployed.
You aren’t prevented from divorcing your spouse just because they’re in the military. However, the process may take longer if your spouse is deployed. The Service Members Civil Relief Act protects deployed military members from being divorced without their knowledge while they are deployed. The divorce can be postponed until 60 days after their deployment ends.
Your spouse will need to be served personally with the summons and petition. This can be tricky if your spouse is deployed. The process server will also need to comply with military regulations and the service requirements of wherever they are deployed.
Military pensions are governed by the Uniformed Services Former Spouses’ Protection Act. This law allows a spouses who were married to a military member for at least 10 years to receive benefits after divorce. Once jurisdiction has been established in your divorce case, military pension benefits can be divided between you and your spouse.
The United States is a member of the Hague Convention, an international treaty to standardize custody international issues and prevent kidnapping. You will need to comply with the Hague Convention for all international custody matters. You should file a custody order in the foreign country, and your custody agreement should include terms for bringing the child back to the United States.
In an uncontested divorce, one spouse files a divorce petition and serves it on the other spouse- if they have no issues with the petition, the divorce will proceed uncontested. The spouse can either file a consent decree, informing the court that they agree with the divorce petition on record. They can also simply not respond, and the filing spouse can get a default order 20 days after service of process.
If the divorcing couple can’t agree on a child support amount informally, the court will have to make a ruling on the issue. Child support for those in the military will be calculated in the same way as for laypeople, is capped at 60% of their income. Some military fringe benefits may be calculated as income for child support purposes. The value of military base housing, bonuses, and locality adjustment pay may also be used for child support calculations.