Divorce is a challenging process for any couple, but when one or both spouses are members of the military, the complexities increase significantly. Military divorces involve unique legal and logistical considerations that require specialized knowledge and expertise. As a Phoenix attorney with experience in military divorces, I understand the intricacies involved and am here to provide guidance on navigating these unique challenges. Here are special considerations in military divorces and how to address them effectively.
1. Jurisdiction and Residency Requirements
One of the first challenges in a military divorce is determining the appropriate jurisdiction. Military families often move frequently, and spouses may live in different states or even countries. In Arizona, either spouse must be a resident of the state for at least 90 days before filing for divorce. Understanding where to file is crucial, as different states may have varying laws regarding property division, child custody, and spousal support.
2. Service of Process
Serving divorce papers to a military member can be complicated, especially if they are deployed or stationed overseas. The Service Members Civil Relief Act (SCRA) provides certain protections to active-duty military members, including postponing legal proceedings. It’s essential to follow the proper procedures for service of process to ensure that the divorce proceedings can move forward without unnecessary delays.
3. Division of Military Benefits
Military divorces often involve the division of military benefits, including pensions, healthcare, and other entitlements. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as marital property, subject to division in a divorce. However, there are specific rules and requirements for dividing these benefits, and it’s important to work with an attorney who understands how to navigate this complex area.
4. Child Custody and Visitation
Child custody and visitation can be particularly challenging in military divorces due to the potential for frequent relocations and deployments. Arizona courts prioritize the best interests of the child when making custody decisions, and a military parent’s deployment schedule can impact custody arrangements. Creating a detailed parenting plan that addresses potential changes and provides for virtual visitation options can help ensure stability for the child.
5. Spousal Support and Income Considerations
Determining spousal support in a military divorce involves assessing the service member’s income, which can include basic pay, housing allowances, and other special pays. Understanding how to accurately calculate and present this information is essential for achieving a fair spousal support arrangement. Additionally, military spouses may be entitled to continued healthcare coverage through TRICARE, depending on the length of the marriage and other factors.
Contact an Experienced Family Law Attorney
Navigating a military divorce requires specialized legal knowledge and resources. Military Legal Assistance Offices can provide limited support, but it’s often beneficial to work with a civilian attorney who has experience in military family law. An experienced attorney can provide personalized guidance, advocate for your interests, and help you understand your rights and obligations throughout the divorce process.
Cohen Family Law is dedicated to assisting individuals with their family law issues. Our team offers comprehensive legal support, guiding you through each step of the process. We encourage you to contact us for a consultation, where we can discuss your situation and explore the best path forward for you.
