Military Divorce Attorney: Protecting Your Rights in Divorce

Navigating Complex Military Divorce Cases

If you or your spouse has decided to end your marriage, filing for divorce is the next step. Being in the military or having a spouse in the military can add additional complications to the divorce process. Because of this, it’s essential to have an experienced military divorce lawyer on your side to walk you through each step.

There are similarities between civilian divorce and military divorce, but the differences can significantly impact your life after divorce. A Phoenix military divorce lawyer on our team can guide you through the military divorce process, helping you settle your divorce quickly so you can start a new chapter.

Our team at Arizona Family Law Attorneys understands how overwhelming the divorce process can be, whether you’re a civilian or a service member. We are committed to helping you resolve your divorce issues quickly so you can focus on what matters most. For more information about our law firm, call us today at 480-448-0608..

What is a Military Divorce?

A military divorce is any divorce involving active-duty service members. If you or your spouse are in the military, there are special rules and regulations you need to know before starting the divorce process.

The military includes:

Air Force
US Army
Marine Corps
Coast Guard
Navy
Reserves
National Guard
Public Health Service (PHS)
National Oceanic and Atmospheric Administration (NOAA)

When a member of the military gets divorced, their divorce proceedings involve both state and federal laws. Understanding these laws is key, as they can impact your spousal support, child custody, and various other factors. Military divorces require extra care and attention because of the federal laws involved. You need an attorney who has experience helping service members and their spouses navigate these proceedings while ensuring they receive a fair settlement and court orders that reflect their children’s best interests. The team at Arizona Family Law Attorneys is here to help.

What Are the Military Divorce Laws?

Arizona is a no-fault divorce state, meaning anyone can file for a divorce for any reason. Military divorces follow this same law.

The military has special rules regarding child support, child custody, and spousal support. Because military service often requires members to deploy for long periods of time, child custody arrangements may be modified or depend heavily on the military member’s schedule. In most cases, the non-military spouse takes on the brunt of the child care, leaving the military spouse paying more in child support.

Child support and spousal support payments are determined by state laws. However, the service member’s entitlements, such as allowances, base pay, and special pay, will be considered when determining these payments.

What Is the Servicemembers Civil Relief Act?

The Servicemembers Civil Relief Act (SCRA) protects service members who are on active duty from being held in default in a divorce proceeding. This federal law allows a divorce proceeding to be postponed while a military member is on active duty and for 60 days after. Service members can also choose to waive their right to postpone and continue with the divorce proceedings as usual.

What Are the Unique Challenges of a Military Divorce?

Military divorces are different from civilian divorces and can bring up complex legal challenges. Service members may be on active duty when the divorce petition is filed, leading to confusion and an extended timeline. Delayed divorce proceedings can make it more difficult for the civilian spouse to establish themselves independently, especially with regard to finances, and it can make it more difficult to settle into a new schedule and routine with the children because things aren’t finalized yet. However, even in cases where service members are able to participate in their divorce proceedings without delay, there can be special considerations and factors. Other unique challenges of a military divorce include the following.

Jurisdiction

It’s very common for service members to relocate after getting married. Figuring out the right jurisdiction to file a divorce petition can be complicated, as the service member may be in a different state or even in a different country. It’s also common for service members and their spouses to live in different states if the civilian spouse wanted to stay where there were friends and family locally to help with a support system. There are specific rules to decide what state a divorce needs to be filed in to be under proper jurisdiction, and an experienced military divorce lawyer on our team can help you determine where and how to file.

Child Custody and Parenting Time

Child custody determinations can be challenging, as many service members relocate frequently. In some cases, service members may be concerned that they will not get shared custody or may only get to see their children on a very limited basis because the civilian spouse was the main caretaker throughout the marriage. While it’s true that the courts prefer to keep the children’s lives as normal as possible, disruptions are inevitable with divorce. And being in the military doesn’t automatically mean that you won’t be able to be an active and involved presence in your children’s lives. However, the negotiations surrounding custody and parenting time during the divorce process are key. Our legal team can help you create a fair parenting plan that will best serve you and your children.

Military Benefits

Pensions, healthcare, and other privileges are typically considered part of the marital assets and are divided during divorce proceedings. The division of these privileges depends on many factors, including the length of the marriage and how long the service member served. In some cases, a civilian spouse may be entitled to ongoing TRICARE benefits or only have access for one year or have no access at all. This can make a major difference in how the transition back to fully civilian life goes, so it’s important to understand what you’re entitled to. Our team will help you understand the rules and regulations surrounding these benefits.

How Do You File for a Military Divorce in Arizona?

The state in which you file for divorce can impact the outcome of your proceedings. For instance, state law determines how marital assets are distributed. Arizona is a community property state, which means that all assets are split roughly in half. Other states have equitable distribution laws, which means assets are split equitably but not necessarily equally.
Because it’s common for service members to relocate from their original state after marriage, determining where to file for divorce can be difficult. There are a few different options depending on your situation:

Where the service member is stationed. If either spouse wants to file in Arizona, one spouse must have lived in the state for at least 90 days. If the service member has been stationed in Arizona for at least 90 days, this counts as residency
The service member’s residence. The military spouse can file for divorce in the state they plan to return to when discharged
The civilian spouse’s residence. If each spouse lives in a different state, they can file for divorce where the civilian spouse lives. This is the most common solution and how most people start military divorce proceedings

It’s also possible for both spouses to file for divorce in different states, and then you must determine which state is actually going to handle the divorce. If you’re unsure where to file or what the best solution is for your situation, contact our legal team today for more information.

How Can You Resolve Disputes During a Divorce?

Because military divorce cases are complex, it’s not uncommon for spouses to have disputes over the divorce terms. Child custody, spousal support, division of assets, and child support issues can be challenging to solve on your own. Many couples want to settle their divorce as quickly as possible, and there are several ways to do so.
You can resolve disputes during a military divorce case in the following ways.

Mediation

Mediation is one of the most common alternative dispute resolution methods, and when both parties are committed to the process, it can be quite successful. Mediation involves meeting with an unbiased third party to discuss your issues together. This neutral third party helps drive the conversation, keeping both you and your spouse on topic and ensuring that things don’t escalate to the point that they are no longer productive. You can bring an attorney to mediation meetings to ensure your rights are protected and that you have legal counsel throughout the entire process. If the mediation attempt is successful, the judge will sign off on the agreement and make it legally binding.

Litigation

Not every divorce case goes to court. However, it is sometimes necessary to protect your rights and receive what you are entitled to. If our team feels that litigation is the best way to resolve your divorce case, we can represent you in court and argue for your rights. During divorce litigation, both parties will have the opportunity to present their argument to the judge as to why they believe that their proposed custody order or property division plan should be accepted. This is done as it is in other legal proceedings: through evidence and witness testimony. Once both sides have had the opportunity to present their case, the judge makes the final decision and issues the court order.

Appeals or Modifications

After the divorce is finalized, our team can help you modify legal decision-making (custody), parenting time, child support, spousal maintenance, and other payments as your circumstances change. While any orders governing property division are generally considered permanent, these other issues can be modified as necessary. Custody and parenting time modifications generally need to have some compelling reason, such as a significant change in circumstances for either the children or the parents. For example, if the service member parent is relocated across the country, this is going to necessitate an amendment to the parenting time schedule. Modification to existing orders can be requested jointly if both parties agree or can go through the litigation process if the parents want separate things.

What is the 10/10 Rule in a Military Divorce?

The 10/10 rule is outlined in the Former Spouses Protection Act and refers to how long you and your spouse have been married and the length of the service member’s time in the military. If the service member has had 10 years of active service and you and your spouse have been married for at least 10 years, you likely fall under the 10/10 rule.

These timelines can impact how assets and benefits are divided during a divorce. If the couple falls under the 10/10 rule, the civilian spouse will have direct access to their rightful military benefits. If they do not, then the service member will receive military benefits and will be responsible for giving the civilian spouse what they are entitled to.

There are other “rules” regarding timelines in military divorce cases.

20/20/20 Rule

The 20/20/20 rule means that the military spouse has served 20 years, the couple has been married for 20 years, and those two timelines overlapped for at least 20 years. When this rule is met, the civilian spouse can qualify for their own TRICARE health insurance plan, plus they keep military post exchange access and other benefits.

20/20/15 Rule

When the 20 years of service and the 20 years of marriage overlap for at least 15 years, then the civilian spouse is eligible for TRICARE insurance coverage for up to one year after the divorce.

It’s important to work with an attorney to ensure you fully understand how these rules apply to your case and what benefits you may be entitled to. Continuing to receive healthcare and other benefits can make it easier to make the transition away from the military support services.

How Long Does the Military Divorce Process Take?

The state of Arizona requires that couples have a 60-day waiting period between when the divorce petition is served and when the final decree can be issued. However, this is the absolute minimum timeframe for a divorce in this state, and most cases take much longer. If there is disagreement about any aspect, a divorce trial can take months or even years, and this doesn’t count any stays that active duty military service members are entitled to.

How Can a Military Divorce Lawyer Help You?

Military divorce laws are complex and can have significant impacts on your future. Working with a military divorce lawyer is essential to protect your rights and get the outcome you deserve. Our team at Arizona Family Law Attorneys is here to help you navigate your divorce proceedings to preserve your rights and do what’s best for you and your children. For more information, call us today at 480-448-0608.