Best Military Divorce Lawyers in Tempe

About Military Divorce Law in Tempe, United States

Military divorce refers to the legal process of ending a marriage where at least one spouse is a member of the military. In Tempe, United States, these cases can be more complicated than civilian divorces due to federal laws, state regulations, and military rules that affect issues like jurisdiction, division of military benefits, child custody, and support. Arizona state law applies, but there are unique factors involved, such as deployment status, residency requirements, and protections under federal statutes like the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses Protection Act (USFSPA).

Why You May Need a Lawyer

Military divorces involve complex laws that can be challenging for someone without legal training to navigate. You may need a lawyer in situations such as:

• Determining how to divide military retirement and benefits between spouses
• Understanding the impact of deployment on divorce proceedings and child custody arrangements
• Ensuring compliance with both state and federal regulations affecting military families
• Addressing issues related to base privileges, healthcare, and survivor benefits
• Making sure all required legal notifications are properly served, especially if a spouse is overseas
• Litigating cases where there is disagreement over property division, spousal support, child support, or visitation rights
• Protecting your legal rights under military-specific laws such as SCRA and USFSPA

Local Laws Overview

Tempe is subject to the divorce laws of Arizona. For military families, several local and federal laws come into play:

• Residency: Either spouse must be stationed in Arizona or be an Arizona resident to file for divorce in Tempe.
• Division of Military Benefits: Under USFSPA, Arizona courts can divide military retirement pay as marital property if the marriage lasted at least 10 years overlapping with military service.
• Service of Process: The SCRA protects active duty service members from being held in default for failing to respond to a divorce action while deployed.
• Child Custody and Support: Arizona courts prioritize the best interests of the child, and deployment cannot be the sole reason for altering custody or parenting time.
• Alimony and Spousal Maintenance: Arizona law provides for spousal maintenance, but the calculation may be affected by the military spouse’s pay structure and allowances.
• Health Benefits: Former spouses may be eligible for continued access to military health benefits based on the length of the marriage and military service.

Frequently Asked Questions

What makes military divorce different from civilian divorce in Tempe?

Military divorce involves additional legal considerations, such as federal statutes regarding service, deployment, and division of military pension and benefits, alongside Arizona’s family law regulations.

Can I get divorced in Tempe if my spouse is stationed overseas?

Yes, as long as Arizona’s residency requirements are met and proper procedures are followed to serve your spouse legal notice, even if they are deployed or stationed abroad.

What happens to military retirement benefits in a divorce?

Military retirement benefits are considered community property in Arizona and may be divided between spouses. The duration of the marriage and overlap with military service affect how much the non-military spouse can receive.

How does deployment affect child custody?

Deployment alone cannot be used as the sole reason to deny or change custody. Courts will consider what is in the best interests of the child and can create flexible parenting plans for deployed parents.

Are there protections if I’m on active duty and can’t attend court?

Yes, under the Servicemembers Civil Relief Act, active duty members can request to postpone court proceedings if their military service prevents them from participating or responding to the divorce case.

Is my ex-spouse entitled to my military health benefits?

Former spouses may be eligible depending on the length of the marriage, overlap with military service, and other factors. The 20-20-20 rule (20 years of marriage, 20 years of service, 20 years of overlap) often applies.

How are child support and alimony calculated for service members?

Support calculations include base pay, allowances, special pay, and bonuses. Arizona uses child support guidelines but must account for the full compensation package of the military member.

What if my spouse attempts to hide assets due to military deployments?

Family law courts have mechanisms to uncover hidden or unreported assets. Legal representation can help ensure full disclosure and a fair division of property.

Does the state of Arizona require separation before divorce?

No formal separation period is required in Arizona. Either spouse can file for divorce at any time, provided residency requirements are met.

Can a military spouse receive base privileges after divorce?

In most cases, base privileges end upon divorce, but extended privileges may be available for certain former spouses who meet eligibility criteria, particularly under the 20-20-20 rule.

Additional Resources

If you are dealing with a military divorce in Tempe, the following organizations and bodies can provide helpful information and assistance:

• Arizona Department of Veterans’ Services
• Legal Assistance Offices on local military bases
• Military OneSource (offering confidential legal and non-legal counseling)
• Maricopa County Superior Court Family Department
• Arizona State Bar Association Lawyer Referral Service
• National Military Family Association

Next Steps

If you are considering or facing a military divorce in Tempe, start by gathering important documents and records (military pay statements, marriage certificate, orders, etc.). Consult with a family law attorney who specializes in military divorce to discuss your situation and understand your rights and options. Schedule an initial consultation to review your specific needs, and ensure that you have legal representation to advocate for your interests throughout the process. Do not delay in seeking legal help, especially if time-sensitive matters like deployment or child custody are involved.