Divorce is never an easy process, it’s legally and emotionally complex, but when one or both spouses are active-duty service members in the U.S. military, it adds further challenges for important matters like jurisdiction, child custody, military benefits, and spousal support. Divorcing spouses must adhere to both state and federal laws when navigating a military divorce in Chandler. Consulting a Chandler divorce lawyer can help manage these complexities effectively.
“Jurisdiction” is a court’s authority to make decisions in a legal case. In a military divorce, jurisdiction can be complicated. Jurisdiction in Arizona civil courts requires at least one spouse to have lived in Arizona for 90 days before filing for divorce. Divorcing military spouses have three options open to them for filing a divorce petition:
Choosing the state in which to obtain a divorce has a significant impact due to different state laws for waiting periods, the division of assets and debts, and child custody.
Child custody is almost always a contentious matter in divorces. In a military divorce, the spouses and court have additional considerations for child custody, including frequent parent relocation and deployment. A custody agreement or court decision must include provisions for an active-duty parent’s deployment. These are addressed in the military Family Care Plan, but the courts in Arizona are not legally bound by that plan when deciding custody. Parenting plans with agreements for virtual visitation or visitation with the deployed parent’s family members may become part of the custody decision.
Child support guidelines under the state’s formula apply to military families as well as non-military. If the divorce is finalized in Arizona, the state’s laws determining child support are based on both parents’ total incomes and the number of child custody days allotted to them in their parenting plan.
Any requests for modification of a custody agreement later may involve the Hague Convention agreement for a parent’s overseas deployment and military protection laws that delay court proceedings for service members during missions.
A military divorce also impacts a spouse’s status in receiving military benefits. After the divorce’s finalization, a civilian spouse must consider the following:
Spousal support in military divorces also follows the state’s guidelines. Spousal support—or spousal maintenance (alimony)—isn’t automatically calculated and awarded like child support. Instead, the court looks at the unique circumstances of each case. The court may award spousal support to a lower-earning spouse if that spouse has small children at home, left the workforce to care for the home and children, or has a medical condition or advanced age that impacts their ability to become self-sufficient.
No one should take on the complex state and federal laws for military divorce alone or with a typical divorce attorney without experience in the multi-faceted military divorce process. Contact Wilson Goodman Law Group, PLLC in Chandler today so we can begin protecting your rights and best interests throughout the military divorce process. Consulting a Chandler family law lawyer can ensure you receive expert guidance tailored to your unique situation. Call (480) 503-9217 today.
