Tucson Military Divorce Lawyer: Navigating Divorce for Military Families

Ensuring Clients Are Aware of Their Rights and Options

One of the main challenges of military divorces is understanding how state and federal laws apply and what rules you need to follow. Military families face unique challenges when a parent or spouse is in the Armed Forces, and this is also true when it comes to divorce. You must take the time to understand how military divorce differs from civilian divorce and hire an experienced military divorce attorney to help you through the process.

If you have questions about ending your marriage and what that might mean for your family and finances, contact our firm to schedule an appointment with an Arizona military divorce attorney. We help clients in Tucson and the surrounding area every day as they navigate the divorce process and emerge focused on their future.

What Are the Main Differences Between a Civilian Divorce and Military Divorce?

All divorces involve the division of marital property. If the marriage resulted in children, other issues such as child custody (now known as legal decision-making), parenting time, and child support must be determined as well. In some cases, spousal maintenance may also be a factor. While military personnel going through a divorce must deal with all of these issues, there are additional considerations that can make military divorce more complicated.

Application of Federal Laws

While civilian divorces are governed solely by the state where the divorce petition is filed, military divorces must also deal with federal laws. These laws include how retirement benefits, such as military pensions, are subject to division and how the civilian spouse must access these funds. Military regulations also apply to when a civilian spouse can continue using other benefits, such as TRICARE for healthcare and the commissary for supplies.

The Servicemembers Civil Relief Act and the Uniformed Services Former Spouse Protection Act come into play here. While the Uniformed Services Former Spouse Protection Act dictates when and how some military benefits can be accessed by the civilian spouse, the Servicemembers Civil Relief Act provides some protections to the service member in legal proceedings. One of the most important is the right to request a delay in the case. Active duty service members are allowed to have an initial 90-day delay in a divorce case if their job prevents them from participating in the proceedings. This can be extended as needed if the court agrees.

Child Custody and Parenting Time

When the two parties filing for divorce have children together, the court must decide on legal or physical custody. Legal custody (referred to as “legal decision-making” in Arizona) determines who can make decisions regarding the children and how those decisions must be made. In a joint custody arrangement, both parents have decision-making ability. This generally means that the parents must agree on matters of significance, such as medical treatment or education. If they cannot agree, the matter goes before a judge in family court, where the parents will make their arguments, and the judge will make the final decision. In a sole legal custody arrangement, one parent is granted decision-making power, and they do not have to consult with the other parent before moving forward on matters related to the children.

One of the challenges service members may face regarding legal custody of their children is that their duties can sometimes infringe on their ability to participate in decision-making. This is especially true if the service member is ordered on deployment. Communication is often sparse or nonexistent in these cases, and it can be challenging to maintain a joint legal custody arrangement when one parent can’t be contacted or consulted. In this case, the judge may grant a temporary change to sole custody until the service member returns.

Physical custody is called parenting time in Arizona, which is the amount of time each parent spends with the child. Parenting time schedules come in various arrangements and can largely be customized however you wish as long as both parties agree. While being a service member doesn’t directly affect your ability to get shared parenting, there are some issues you may have to overcome.

For example, suppose you haven’t played a significant role in the caretaking of the children. In that case, the judge may award the larger share of parenting time to the other parent to keep things as consistent as possible for the children. If you have questions about parenting time or how to ensure you get time with and access to your children, talk to a family law attorney about your options.

Income Calculations

In the state of Arizona, child support is determined by examining both parents’ incomes and using a Child Support Worksheet that corresponds to those incomes to determine the cost of raising a child. That cost is then divided between the two parents according to their percentage of the combined income. If there is a discrepancy, one parent may be ordered to pay child support to the other.

It is important to understand that some military benefits can be factored in because these calculations hinge on income and some expenses, such as childcare costs or health insurance premiums. For example, wages, retirement benefits, and military disability benefits all count as income for child support purposes. If you receive the Basic Allowance for Housing, this is also considered part of your income because it significantly offsets your living expenses.

Working with an attorney who understands how military income and benefits may play a role in child support calculations is critical to ensure you’re paying or receiving a fair amount.

Is Arizona a Community Property State?

Arizona is designated as a community property state, which means two things: 1) all property acquired during the marriage — including both assets and debts — is considered marital property and 2) that property should be divided as equally as possible during the divorce. It is a common misconception that property owned in only one person’s name is their separate property, but this isn’t true if it was bought during the marriage. This includes large-value items, such as vehicles and real estate.

However, there are a few key exceptions to be aware of. Property that was gifted to only one person is generally considered their separate property and not subject to divorce proceedings. Keep in mind that you may need to prove that an item was a gift if there is a discrepancy. Photos, social media posts, and receipts can help with this process. Property that was inherited by only one person, either through a will or through state intestacy laws, is also considered their separate property.

Debts must also be divided approximately equally, even if one person is responsible for accumulating them. For example, if your spouse opened up a credit card account in their name only and charged $10,000 while you were married, $5,000 of that debt would be your responsibility in the divorce settlement.

While the community property laws in Arizona require equal division, there are some creative solutions to this problem that don’t necessarily involve liquidating all of your assets and splitting the profits. Our attorneys can explain all of your options so you can make an informed choice about how you want to proceed.

How Do You File for Divorce in Arizona?

Once you’ve made the decision to end your marriage, the first step is to hire a family law attorney. It can help to schedule consultations with a few options to find a firm that is the right fit for your situation. If your divorce involves a service member, an attorney who has extensive experience in military divorce proceedings is key. Once you have retained an attorney, you can start your divorce petition. The attorney will handle most of the paperwork, but you will have to provide some key information, such as the names and ages of any children and all of your financial information. The attorney will create the divorce petition for you to sign and then file it with the court.

Once the attorney files the petition, the other party will need to be served. This can be difficult in some military divorce cases, such as when the service member is currently deployed or in another state or is on a base with restricted access. If you have concerns about how your spouse will be served, an attorney can help with this. After being successfully served, the other party must respond to the divorce petition. They typically have 20 days in the state of Arizona to do so, but this can be lengthened, as discussed earlier, if they qualify for a stay due to active duty status.

How the other party responds determines what happens next. If they agree to the proposed terms of the divorce, the case can immediately go forward into the 60-day waiting period, and then the judge can issue the final decree. If they disagree with one or more terms, the case can proceed to either mediation or trial. It can be helpful to at least attempt mediation before going forward with a trial because it can save a great deal of time and expense if it is successful.

Navigating a military divorce can be complex and overwhelming, but that’s why it’s crucial to work with an experienced Tucson military divorce attorney who has the experience and knowledge you need for a successful outcome. At Arizona Family Law Attorneys, we have a singular focus on family law so we can provide our clients with the high-quality, compassionate representation they need. Call our office at 480-448-0608 to find out more.