While every divorce is unique, military divorces present challenges that require the skills and knowledge of an experienced Phoenix military divorce attorney. At the 602 Law Group, we are here to help guide military members and their spouses through the Arizona divorce process.
The 602 Law Group also provides practical advice about military benefits, retirement, and child custody arrangements. Contact us at 602-857-5000 to set up a consultation and get started today. A Phoenix divorce lawyer is prepared and qualified to assist your case.
The 602 Law Group Can Answer Your Military Divorce Questions
If you are facing divorce and are a military member or military spouse, reach out to the 602 Law Group today to schedule a confidential consultation. One of our military divorce attorneys can answer your questions about the following and more:
- Where to file a divorce if your spouse is stationed in another state or country
- Whether military pensions are treated differently after a short-term or long-term marriage
- If a spouse can retain military health insurance after a divorce
- How child custody and visitation are addressed with frequent relocation and deployment
At the 602 Law Group, we want you to receive the best possible outcome in your divorce. This starts with learning your legal rights and obligations under Arizona law, federal law, and relevant military regulations.
Filing a Military Divorce
The laws of the state in which a military divorce is filed will govern all property and debt division, child custody and support, and spousal maintenance matters. A military divorce may be filed in any of the following:
- The state in which the military member currently resides and meets domicile requirements for divorce– Arizona law requires a spouse to reside in the state 90 days before a divorce filing
- The state in which the service member maintains legal residency
- The state in which the civilian spouse has legal residency
Arizona is a no-fault divorce state as are most other states. This means a divorce is filed on the grounds that the marriage is irretrievably broken without any hope for reconciliation.
Special Protections Against Default Divorce Judgments for Active Duty Service Members
Active duty service members are protected from default divorce, bankruptcy, and other judgments by the Servicemembers Civil Relief Act (SCRA). After the service of divorce papers, an active duty service member can request a stay in proceedings until the military service preventing them from participating has ended.
If the service member agrees to the divorce, they can waive their right to a stay in the divorce proceedings.
The Division of Military Retirement and Benefits
The length of marriage and a military spouse’s years of active duty service play a large role in the civilian spouse’s access to retirement benefits and healthcare benefits upon a divorce.
For example:
- If the spouses were married for ten years and the service member has ten years of overlapping active duty during that time, the ex-spouse will have direct access to their portion of the retirement benefits or will be sent their portion directly; and
- In marriages where the service member served less than 20 years or did not reach full or medical retirement, an ex-spouse can keep healthcare benefits up to 35 months after separation before they are no longer eligible for military health coverage; but
- If the spouses were married for 20 years and the service member has 20 years of overlapping active duty during that time, the ex-spouse is eligible for full military health insurance and retains Post Exchange access along with base and commissary benefits.
The division of military retirement and benefits can quickly become confusing. For help distinguishing between benefits and what rules apply to your case, contact the experienced 602 Law Group Phoenix military divorce attorneys today. In the event you are a father looking to dispute a potential violation of your parental rights, a Phoenix father’s rights attorney can help.
Contact Us Today
There are so many special considerations in a military divorce that it is easy to become confused and overwhelmed. At the 602 Law Group, we will simplify the military divorce process for you and handle all of the legal documents. If you are unsure where to turn for help, call the military divorce attorneys at the 602 Law Group at 602-857-5000.