Flagstaff Military Divorce Lawyer: Your Advocate for Military Divorce Matters

Facilitating Divorce Negotiations and Proceedings for Military Service Members and Their Spouses

Marriage is challenging, and sometimes, despite the best intentions of both people, ending that marriage is the right decision for all involved. However, when a divorce involves a military service member, it can make things more complicated and require an attorney who has experience with military divorce and is prepared to walk you through the process.
Arizona Family Law Attorneys is a law firm that helps military personnel and their spouses navigate the complexities of military divorce and family law matters. Call our firm today to speak to a member of our team and learn more about how we handle family law cases.

What Are the Main Aspects of Divorce?

The objective of divorce is to divide the marital property and develop a custody order and parenting time schedule if the couple has children. This means that all divorce settlements will outline how the assets and debts will be divided. If the marriage resulted in children who are still under the age of 18, the divorce petition must also include a proposed custody and parenting time plan.

Property Division

Arizona is a community property state. This means that all property — with a few minimal exceptions — that was acquired during the marriage is considered marital property and subject to division. This also includes debts, which many people don’t realize. If your spouse had several thousand dollars in debt on a credit card only in their name that you didn’t even know about, that debt can still be considered marital debt, and you could be responsible for your portion.

The first exception to community property under Arizona law is property acquired after the divorce petition was served, as long as the petition ends in an actual decree of dissolution of the marriage. For example, if someone buys a car after the divorce petition has been served in only their name, this could be considered separate property.
However, this can be a nuanced issue. If the person used funds from a bank account deemed marital property to make the purchase, this can change how it’s classified.

The second exception is any property “acquired by gift, devise, or descent.” This means the property that was gifted to you, was provided to you through a will, or was inherited after someone passed away without a will is your separate property and is not subject to the community property division rules.

Child Custody and Parenting Time

Determining who will have legal custody of the children and how the children’s time will be divided between the parents are some of the most contentious issues of a divorce. This can be even more complicated for a military divorce because of exceptional circumstances, such as relocations, deployments, or temporary changes in assignment. The courts are most concerned with the children’s best interests, including their care and well-being, and ensuring that they have active, ongoing relationships with both parents as long as they are fit.

Legal custody (known as “legal decision-making” in Arizona) involves who has decision-making power when it comes to significant choices in the children’s care, such as medical treatment or whether they will attend public school or another option. Being in the military does not alter a service member’s parental rights or in any way make them automatically at a disadvantage when it comes to gaining legal custody. In most cases, shared legal custody is an option, even if there needs to be special provisions for issues such as deployment.

Physical custody is called parenting time in Arizona. In civilian divorces, parenting time schedules are often an equal split between the two parents, such as alternating weeks or using a 3-4-3-4 or 5-5-2-2 schedule. However, this type of arrangement can be more challenging for service members because of their job requirements. A military divorce attorney can help you create a parenting time schedule that works for your family and is flexible enough to accommodate the demands of a military job. A parenting time schedule involving a service member should also have provisions for what happens in the event of a relocation or deployment.

Child Support and Spousal Maintenance

Child support and spousal maintenance are factors in many divorces. Spousal maintenance is more commonly ordered when one spouse has stayed at home to raise the children or when there is a significant income discrepancy between the two parties. Both of these situations are common in military families because the demanding nature of military service and the frequent relocation requirements can make it difficult for the other spouse to obtain and keep a job.

A child support determination must also be made in any divorce that involves children. The courts will look at both parents’ income and several other factors, including financial benefits such as the Basic Allowance for Housing, to determine if child support should be paid and who will be making the payments. It’s common for the parent with the most parenting time to receive child support, but even in a 50/50 arrangement, child support may still be ordered from one party to another if there is a significant income discrepancy or other special considerations.

What Are the Military’s Rules for Receiving Benefits After a Divorce?

Depending on how long the couple was married and how long the service member served, the civilian spouse may be eligible for certain benefits, such as a portion of the military retirement benefits, ongoing TRICARE coverage, or access to the post exchange. There are three basic rules that govern this.

10/10

If both the marriage and the years of service lasted at least 10 years, the civilian spouse could get direct access to their portion of the military retirement benefits. If either duration is less than this, the civilian spouse must go through the service member.

20/20/15

If both the marriage and the years of service lasted at least 20 years and there was at least 15 years of overlap between the two, the civilian spouse is also eligible to receive TRICARE benefits for one year. This timeline begins when the final divorce decree is granted.

20/20/20

If both the marriage and the years of service lasted at least 20 years and there was at least 20 years of overlap, the civilian spouse can access TRICARE benefits for as long as they remain eligible. They also receive other ongoing benefits, such as access to the commissary and post exchange.

What Happens If Circumstances Change Later On?

Certain aspects of the divorce decree are considered permanent, such as the division of property, and cannot be modified later on unless there is a compelling reason, such as fraud. However, child custody and child support orders are expected to need to be modified at some point, especially if the original orders are put in place when the children are very young. If circumstances change and you feel that the original order is no longer in the children’s best interests, you can file a petition for modification. If both parents are in agreement, this is generally as simple as filing the paperwork and having the judge sign off. However, if there is a dispute about what is best, a trial may be necessary.

What to Do Before Filing for Divorce

Most couples go through several months or even years trying to make their marriage work before deciding that divorce is the only way forward. However, it’s crucial to ensure that you understand the implications of the military divorce process for your children, family, and financial future. Before filing your paperwork, make sure you take the following steps.

Talk to a Family Law and AZ Divorce Attorney

Your first call should be to a family law attorney who handles military divorces as soon as you’re even considering ending your marriage. In most cases, the sooner you get an attorney involved, the better your chances are of protecting your rights and responding appropriately throughout the process. An attorney will review your case and let you know how the various state and federal laws apply. Military divorces are complex and can involve a lot of extra considerations, especially if both the marriage and the length of service were particularly long. An attorney can provide legal counsel and guidance for what to do and how to communicate with your spouse before and during the proceedings and can be your legal advocate to ensure you get a fair settlement.

Consider All of Your Options

While the end result of a divorce is the legal end of the marriage, there are several paths to get there. In most cases, the divorce process can be faster and less stressful if the parties are able to come to an agreement on terms such as property division, child custody and support, and spousal maintenance. If there are only a few points of disagreement, going through an alternative dispute resolution process, such as mediation, can help you and your spouse work through those issues and come to a compromise. Divorce trials are often quite lengthy and emotionally draining. While they may be inevitable in some cases, such as when there is a high-conflict situation, it’s in your best interests to do everything you can to facilitate a less contentious divorce while also protecting your rights.

Focus on Your End Goal

Divorce is a highly emotional process, and it involves change in nearly every aspect of your life, which can quickly get overwhelming. It’s easy to get caught up in the back and forth of negotiations or the stress of family changes and custody exchanges, but remembering your end goal can help you keep perspective and make decisions that reflect your needs and interests. If there are children involved, the main focus should be on making decisions that support their best interests and well-being. And even for those going through a divorce without children, it’s important to remember that the end goal is to be able to move forward with your new life. Working with a military divorce attorney can help you keep this in perspective and provide legal guidance every step of the way to ensure you’re acting in a manner that supports your best interests and protects your rights.

At Arizona Family Law Attorneys, our legal team has extensive experience helping service members and their spouses navigate the complexities of military divorce. Whether you have questions about custody and parenting time or want to ensure you get your fair share of the assets, we can help. Call our office at 480-448-0608 to take the first step.