Glendale Military Divorce Lawyer: Expert Legal Representation for Service Members

Making Complex Family Law Matters Easier in Military Divorces

If you and your spouse have decided to end your marriage, you already know how tough that decision can be. However, it’s only the first decision, with many more to come as the divorce proceedings continue. You need someone who understands how the military can make divorce negotiations more complex and who has experience with the applicable state and federal laws to ensure you get what you’re entitled to.

Whether you’re a service member or a military spouse, having experienced legal representation is essential when you’re ending your marriage. The team at Arizona Family Law Attorneys is here to ensure you have a dedicated advocate and are aware of all of your options and the pros and cons every step of the way. Call our office today to learn how we’ve helped other clients in Glendale and the surrounding area.

What Makes a Military Divorce Different?

While every divorce has the same main goal of dissolving the marriage and making the parties free to move on with their lives independently, a military divorce can be more challenging than a civilian divorce. One reason for this is the military regulations and divorce laws that can make property division more complex. Instead of just the usual division of assets and debts, your case may also involve splitting military retirement benefits or pensions or determining whether the civilian spouse is still eligible for other military benefits, such as TRICARE, after the divorce.

Child custody and parenting time negotiations can also be much more complex in a military divorce. While service members are absolutely able to have joint legal custody in most cases, deployments and other changes in circumstances can make these arrangements more challenging. For example, your attorney may recommend putting a clause in the custody order that automatically changes joint legal custody to sole legal custody during a deployment. This ensures the remaining parent can make decisions as needed without having to worry about contacting the service member parent.

Service members often have to be gone for weeks or months for training and other temporary assignments, making it challenging to create and maintain a parenting time schedule that works for both parents and the children. Relocations can also move a parent states away from their children, requiring long-distance parenting time schedules and making joint legal custody more challenging.

Child support calculations may also differ from those for a civilian divorce because military benefits such as government-provided housing or the Basic Allowance for Housing (BAH) are included in income calculations. The civilian spouse may also request a deviation in child support if there are extenuating circumstances, such as the service member parent having a much lower percentage of the parenting time.

While all of these issues can certainly make a military divorce more complex, they are not unsurmountable, and our team has years of experience helping clients navigate these very challenges. We can use our knowledge and experience to develop creative solutions that fit your family’s needs and represent your legal interests.

What Is Required for Divorce in Arizona?

Requirements for divorce vary from state to state. Knowing the laws for Arizona and whether you meet the requirements to file for divorce within the state can ensure you’re prepared for the process. In Arizona, there are three main rules to be aware of.

Residency

First, Arizona requires that at least one party to the divorce has lived in the state as their primary residence for at least 90 days before filing their petition. Military families may find this challenging for multiple reasons. You may not have met the residency requirement if you recently relocated to the state. In this case, you must either wait until the 90-day timeframe is complete or file for the divorce in your previous state of residence — assuming you lived there long enough to meet that state’s residency requirements.

It’s also not uncommon for service members and their spouses to live in separate states, especially if the relationship has been strained for a while. In this case, you may be able to file for divorce in either Arizona or the other spouse’s state of residence. If the parties don’t agree about which state to file in, that will need to be determined before the divorce can proceed.

Fair Division of the Marital Property

Arizona is a community property state. While most states focus more on an equitable division of the assets, which may or may not end up in a roughly 50/50 split, community property states require that all marital property be divided evenly. Marital property is generally anything acquired during the marriage. This includes assets such as money, real estate, vehicles, and personal property, as well as debts.

It’s not uncommon for clients to be surprised when financial disclosures occur during the divorce. If one spouse handled the finances, the other may think they have more money in bank accounts or retirement investments than they actually do. In some cases, clients are shocked to find out that their spouse has run up thousands of dollars in debts they didn’t even know about. According to Arizona law, those debts will also be marital property if they were acquired during the marriage and must be split evenly as well.

The exceptions to the community property laws are anything that was gifted to you or that you inherited. For example, if your spouse gave you a piece of jewelry for your birthday, that would be considered separate property. However, you may need to prove that the item was a gift. A prenuptial agreement in place also trumps the community property laws, as long as the judge finds it valid and enforces it.

No Grounds

The third rule to be aware of when it comes to Arizona divorces is that there are no grounds for divorce required. Arizona is a no-fault divorce state, so you don’t have to list a specific reason, such as abandonment, fraud, or irreconcilable differences on the paperwork. In many cases, this can result in a more efficient divorce process because there is no time or resources spent on proving fault in the divorce.

How Does the Status of a Service Member Affect Child Custody and Parenting Time?

One of the most challenging parts about divorce is realizing that you are likely going to be spending less time with your children, and it can be more difficult to remain active and involved in their lives. Unfortunately, being in the Armed Forces can make this even more difficult. While, officially, there are no biases against service member parents when it comes to child custody and parenting time, there are some things about military life that can make it more challenging to get the arrangement you want.

If the civilian spouse has been the primary caretaker of the children up until the point of separation, the judge may be inclined to maintain the status quo. This could mean that the civilian spouse retains the more significant percentage of parenting time, with the service member having parenting time that fits around their schedule, such as every other weekend. However, this isn’t always the case, and having an experienced military divorce lawyer who understands these issues can help you ensure that you get the best possible parenting time schedule for your situation.

Deployments can also require changes in the custody order or parenting time plan, even if only on a temporary basis. If an active duty service member has shared legal custody and is deployed, it can be very difficult for them to be able to participate in decisions regarding the children. In some cases, the service member may not even be able to be contacted at all if there are security risks. This can require that the court temporarily modify the custody order so that the remaining parent has sole decision-making power until the service member parent returns.

The bottom line is that you have the right to parent your child, and being in the Armed Forces doesn’t change that. However, the courts may consider other factors, such as how much time has been spent with the child or how far away the parents live from each other, when deciding custody and parenting time issues.

What Is the 20/20/20 Rule for Military Benefits?

Military benefits and what access a spouse has to them after a divorce are governed by federal law. In general, whether the civilian spouse is eligible for military benefits post-divorce depends on how long the couple was married and how many years of military service the service member had accumulated. For example, the 20/20/20 rule states that if the marriage lasted at least 20 years, the service member accumulated at least 20 years of service, and there was at least 20 years of overlap between the two, the civilian spouse is eligible for continued military benefits. This includes TRICARE — as long as its specific eligibility criteria are met — and access to the post exchange.

If both the marriage and the years of service were at least 20 years and the marriage lasted for at least 15 years but not 20, access to benefits is more limited. For example, in this case, the civilian spouse only qualifies for TRICARE coverage for one year post-divorce.

The other rule to be aware of is the 10/10 rule, which is slightly different. This rule decides whether a civilian spouse can have direct access to military retirement benefits or if they will have to go through the service member. If the marriage lasted at least 10 years and the service member accumulated at least 10 years of service, the civilian spouse is eligible for direct access to those funds.

While these rules seem relatively simple on the surface, how they are applied to the different benefits can be more complicated. It’s best to work with a military divorce attorney who can help you understand what you’re entitled to and how to access those benefits after the divorce.

How Long Does a Military Divorce Take?

It can take a long time for a couple to decide that the marriage is irretrievably broken. It’s normal to want to move as quickly as possible once you make that decision. However, divorce is a process that takes time, and military divorce involving active duty service members can take even longer. Arizona has a mandatory waiting period of 60 days from when divorce papers are served to when the dissolution of marriage can be granted. This is the fastest a divorce can be processed, and this generally only happens if both parties are already in agreement about all of the divorce terms.

However, an active duty service member has a right to request a delay in any civil proceeding — including divorce cases — if they are unable to participate due to their work obligations. In most cases, the initial stay is for 90 days. However, it’s possible for the courts to grant an extension on this if the service member is still unavailable at the end of that timeframe, such as if they are deployed. This can potentially delay the case for several months before the initial negotiations can even begin.

Even if the service member doesn’t ask for a delay, how the parties interact and approach the divorce can also make a significant difference in how long the case takes to settle. The best-case scenario is that they are able to agree on all terms. However, it’s also possible to participate in mediation in an attempt to efficiently come to a compromise on any areas of disagreement. If mediation attempts aren’t successful, there may be no other choice but to take the case to litigation, which means a full divorce trial. These can take months, and sometimes even years, to resolve, which is why it’s impossible to put a specific timeline on how long a divorce will take. In general, the more cooperative the two parties are, the faster the case can be processed.

What Are the Benefits of Working With an Experienced Military Divorce Attorney?

When you’re dealing with legal matters that can affect your finances and relationship with your children, it’s vital to have knowledgeable and experienced legal representation. The divorce process isn’t easy — legally or emotionally — and it can help to have someone on your side who has helped others successfully navigate this journey many times. The team at Arizona Family Law Attorneys knows how difficult it is to have everything in your life put before a court and be subject to change, and we take care of as much as possible so you can focus on helping yourself and your family get through this time.

A military divorce attorney is also your dedicated legal advocate who protects your rights and interests. Having an attorney can ensure that you know what you’re entitled to under Arizona and military divorce laws and that you’re aware of all of your options. Most importantly, working with one of our qualified family law attorneys can give you peace of mind that you’re doing everything you need to protect your interests.

If you’re ready to talk with a military divorce attorney, call Arizona Family Law Attorneys at 480-448-0608. We know how high the stakes are, and we provide compassionate legal counsel and support to all our clients.