Top 5 Things To know About A Military Divorce
If you or your spouse are serving in the military and you are divorcing in Arizona, special considerations apply. Reservists and National Guard members who may face active duty must also consider special military regulations. You’ll want to consult a Scottsdale divorce attorney with experience and expertise in Arizona military divorces to help you navigate the additional rules and regulations involved.
Here are the top 5 things to know about a military divorce:
1. The Soldiers and Sailors Civil Relief Act may allow the divorce process to be delayed for a period including active duty and up to 60 days beyond. This is to prevent spouses from being divorced by default when they are unaware of or unable to respond to a divorce action.
2. The grounds for divorce in Arizona are the same whether your divorce is a civilian or a military divorce.
3. Under federal law, a non-military former spouse will not receive division and distribution of military retirement benefits without having been married at least 10 years of active duty service.
4. Deployment or the potential for future deployment may impact your chances for custody. The courts will consider the best interests of your minor children, including the stability of their living situation and the impact on their relationship with the other parent.
5. Former military spouses may face unique challenges as they become ineligible for military housing, and as their careers and earnings may have been impacted by frequent moves in support of the military spouse’s career.
Spousal and child support, pension, property and custody may all be factors in your divorce. A Scottsdale divorce attorney familiar with Arizona divorce law as well as the Servicemembers Civil Relief Act, the Uniformed Services Former Spouses Protection Act and other applicable statutes and regulations will be in the best position to help you through your Arizona military divorce.
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