Divorce is rarely easy, but when you or your spouse are serving in the military, the process can become more complicated. There are various factors in a military divorce that differ from a civilian divorce that you must consider.
Whether you are the military servicemember or divorcing a military servicemember, it is important to know what unique issues you might encounter in your military divorce and how to overcome them.
While the legal divorce process in Arizona generally remains the same, you are likely to be subject to some additional federal laws and regulations that impact your divorce, such as those involving military benefits or child custody.
Jurisdiction
Jurisdiction is often one of the first challenges in a military divorce. In a non-military divorce, a divorce is filed is based on where you or your spouse have established residency.
In contrast, a military divorce often involves a servicemember living in several states or even different countries. A military divorce can usually be filed in a state where the servicemember is stationed or claims legal residency or where the non-military spouse resides.
However, jurisdiction can be tricky and often depends on your specific situation. Additionally, since your divorce could be filed in more than one jurisdiction, you should examine the benefits of filing in each jurisdiction. Your divorce outcome may be different depending on the state laws involved.
Benefits
Dividing military benefits, such as military pensions, is another special factor in a military divorce. The division of military pensions is governed by federal law.
The length of your marriage also affects the post-divorce benefits you could receive as the former spouse of a military member.
If you were married for 20 years and your servicemember spouse was in the military for at least 20 years, you could continue to receive certain benefits, such as medical benefits, after the divorce, so long as the 20-year periods overlap.
Child custody
Resolving child custody disputes in a military divorce is often more complicated. You or your spouse might be deployed somewhere or not have a schedule that is conducive to a consistent custody schedule.
There is no presumption that the civilian parent should have primary physical custody simply because the military member may be gone for extended periods. Arizona courts examine what is in the best interest of the children. But figuring out a schedule that is in children’s best interest is often more difficult with a parent who is in the military.
Length of the process
Finally, be prepared for your divorce to potentially take longer if it is a military divorce. Serving a military spouse with initial divorce papers might be more difficult if they are deployed or living somewhere else.
Furthermore, military members can take advantage of the Servicemembers Civil Relief Act (“SCRA”). The SCRA allows military members to file for extensions in divorce proceedings that are not available to civilians and forbids courts from entering final divorce orders until the servicemember can be present in person.
Military divorce is a complex balancing of federal and state laws. It is usually best to work with someone who knows the differences between civilian and military divorce. Mistakes during the process can sometimes not be undone and can impact you for the rest of your life.