Military divorce in Arizona involves both state community property law and federal regulations like the Servicemembers Civil Relief Act (SCRA). Genesis Legal Group’s Scottsdale military divorce attorneys help service members and spouses navigate the legal complexities with over 100 years of combined experience.
Military life is challenging. With constant relocation orders and sudden deployments, trying to build a life while balancing the expectations of active duty service is hard. When divorce enters the picture, things get even more complicated. You probably have a lot of questions about military divorce, and you’re not sure exactly what to expect.
At Genesis Legal Group, we understand the laws surrounding traditional divorce and the additional considerations for military families. Our knowledgeable Scottsdale military divorce attorneys are dedicated to protecting your rights and advocating for your family.
We take the time to get to know your family, your situation, and your needs, and use our experience to create a strategy that works for you.
Contact us today to book your in-depth, confidential consultation.
Some rules apply to all divorces, and they’re important to understand so you can approach your divorce informed and prepared.
Divorce is made a little easier with the allowance of no-fault grounds. This means you do not have to prove wrongdoing to file for divorce; you simply state the marriage is broken and can’t be fixed. If your spouse is deployed, they can participate virtually if they choose to waive their right to postponement.
As a community property state, Arizona considers all marital property as equally owned by both spouses, and therefore subject to an equal division. However, this division does not include military benefits, as they are governed under federal law rather than state law.
Our seasoned Scottsdale military divorce attorneys work with you to navigate state and federal laws, offering compassionate support and guidance every step of the way.
Where Do I File?
Because the military lifestyle usually means frequent moves and deployments, state residency requirements will determine where you can file for divorce. In Arizona, you must be a resident (or on active duty) for at least 90 days before you can file for divorce.
Can the Divorce Be Delayed?
The Servicemembers Civil Relief Act (SCRA) protects active-duty service members from being penalized when they are unable to respond or appear in court. The service member can request a stay to give them time to properly respond or prepare for the divorce trial.
What About Military Benefits?
Military spouses may be eligible to continue receiving benefits such as TRICARE after the divorce if they meet the criteria. Other benefits that are affected by divorce include retirement pay and housing privileges, and understanding what you are entitled to can help you plan for your life after the divorce.
On top of the traditional Arizona divorce laws, several federal laws are associated with military divorce, and additional considerations are important to understand:
Custody - Deployments and relocation assignments can make a traditional custody and visitation arrangement difficult to navigate. We understand the impact a military lifestyle has on a family and create a plan that accommodates these commitments while maintaining your relationship with your children.
Child Support - Basic allowance for housing (BAH) and subsistence (BAS) are provided by the military for the servicemember’s family. When making child support calculations, we take these allowances into consideration and find a fair arrangement.
Federal Regulations - While state laws apply to traditional divorce, military divorces are subject to additional federal laws that must be followed, such as the Uniformed Services Former Spouses’ Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA). We help you understand what laws apply to your situation and work to ensure compliance.
You don’t have to go through this alone. Our experienced Scottsdale military divorce attorneys are here to guide you through your military divorce so you can move forward with confidence.
With a 99% success rate, our proven track record speaks to our dedication to achieving favorable outcomes for families. At Genesis Legal Group, we leverage our 100 years of combined experience to create strategic solutions that ensure the best possible outcome.
Our trusted Scottsdale military divorce attorneys understand the unique challenges military families face, and we want to help you secure a fair resolution with the representation you deserve.
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