A Firm Offering Knowledgeable Representation In Military Divorce
Divorces can be complicated in even the most ideal circumstances. Due to the complexities involved, military divorce is far from ideal. When one or both spouses is an active service member or military retiree, additional state and federal laws apply to the divorce process, each of which need to be taken into careful consideration when filing documents, determining jurisdiction, setting expectations, and moving forward with the divorce proceedings.
Thankfully, working with the right attorney can make the entire process much easier. When you contact Steven N. Cole, LLC, in Scottsdale, you’ll be represented by an attorney with nearly three decades of experience in Arizona family law – including significant experience with military divorce matters.
Addressing Jurisdictional Issues
The first step of a military divorce is determining the area(s) of jurisdiction. In many cases, the spouses may be living in separate states, stationed on military bases in places other than their state of residence, deployed on active duty, stationed overseas, and so on. This makes determining jurisdiction a potentially confusing process, with plenty of room for nuance, shared jurisdiction, and specific laws that apply to a variety of situations. When approaching these jurisdiction decisions, an experienced attorney is an extremely valuable resource to have at your disposal.
To file in Arizona, one spouse must be “domiciled” in Arizona for at least 90 days, proving that they’ve taken reasonable action to make the state their primary residence (such as registering to vote or applying for a driver’s license). The filing state’s laws will typically govern matters of child custody, child support and some provisions of asset division.
The Role Of The SCRA In Military Divorce Proceedings
If one spouse is actively serving in the military, it may be difficult for them to be officially served with divorce papers, especially if they are stationed overseas or on a vessel. Similarly, that active service may also make it difficult to respond in a timely manner. Members of the military are protected by the Servicemembers Civil Relief Act (SCRA), which provides for a stay of divorce proceedings for a 90-day period, and prevents default judgments against service members in divorce and paternity cases.
My firm provides guidance in each of these scenarios, helping clients to effectively serve military members with divorce papers in difficult situations and, alternatively, ensuring that active service members know their rights and the protections that could benefit them.
Division Of Assets And Ongoing Financial Support
In Arizona, military pensions are treated as “community property” under the Uniform Services Former Spouse’s Protection Act (USFSPA). This means that a portion of military benefits, including retirement, are included in the division of assets. Because physical property may be in other states, and because of the complications that may arise in determining jurisdiction, I will take the time to calculate all assets and determine which will be divided under the applicable jurisdictions.
Similarly, calculating child support, spousal support, insurance coverage, etc., will fall under Arizona state laws, with some exceptions provided by the Defense Finance and Accounting Service (DFAS) and SCRA. Each case is unique and requires a careful examination of all factors.
Contact The Firm For Experienced And Knowledgeable Representation
Military divorces can be complex, not only because of state and federal laws, but also because of distance, property in multiple states, special considerations for child custody, service member status, and beyond. Steven N. Cole, LLC, can help you navigate this potentially confusing process whether you’re a current military member, a retired service member, or filing to divorce someone in the military. To take advantage of a free consultation about your case, call me in Scottsdale at 480-674-5475 or fill out an online contact form.