Military Divorce in Arizona Has Complexities of Its Own
Going through a divorce can be difficult but it can be more complicated when one or both spouses are part of the military. There are some special legal rights that are afforded to those in or retired from the military, making military divorce in Arizona slightly more complex. These special considerations must be reviewed throughout the divorce proceedings to ensure compliance. When the proper procedures are not followed the divorce can be stalled until the situation is resolved.
Service Member’s Civil Relief Act
The Service Member’s Civil Relief Act [remove link] is legislation that provides special protections and exemptions for those who are serving in the military. The legislation is complex and covers many topics, including the suspension of certain legal proceedings while one of the parties is completing their term of service. The act is designed to ensure that a person does not attain a default judgment against a military member who is not able to respond due to his or her service. Consequently, a default divorce cannot be obtained against a service member (whether or not on active deployment) without their consent.
There are some other special considerations when at least one party is a member of the military service. For example, while military retirement is generally divisible as community property, military disability pay is not.
Complex Divorce Issues
When one or both spouses are in the military, or are retired from service, the divorce may have some complex issues. This is particularly true if the service member served for a long period of time, or when the marriage was one of long duration. Couples need to sort through the standard settlement terms, including distribution of property, division of debts, spousal maintenance, and child custody and support, among other things. When one party is away serving in the military, the process still needs to be completed, although it may take more time.
Military Divorce Attorney
Divorcing military couples need to seek the experience of a divorce attorney will knowledge of these issues. You may have many questions for your lawyer, which must be answered in order to decide how to move forward with the divorce. If you or your spouse serves in the military and you wish to dissolve your marriage, contact the skilled family law attorneys at Udall Shumway PLC to schedule a consultation today.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Military Divorce in Arizona, or any other family law issue, please feel free to contact Steven H. Everts at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.