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Military Divorce

On Behalf of | Jul 20, 2014 | Divorce

Arizona Military Divorce

Obtaining a divorce when one of the parties is a member of the military or retired from the military adds some complexities.  Active duty members who are currently deployed or on temporary orders out of state may invoke the Soldiers and Sailors Civil Relief Act (SSCRA).  This will essentially delay the proceedings until such time as the member is able to better participate in the proceedings.

Military Retirement in Divorce Action

Retirement points earned during the marriage are considered to be community property and must be divided.  However, DFAS will not accept orders for division of military retirement pay unless the parties have been married for at least ten years during which the member was in the service.  This is referred to as the 10/10 rule (10 years of marriage during 10 years of service).  If the parties do not meet this requirement, an order will need to be entered in which the parties must calculate the prorata share of the non-serving party to be paid by the serving party.

Military Divorce Lawyers

If you have questions about obtaining a divorce in Arizona and one of the parties is currently serving, or has previously served in the military, please contact the knowledgeable and experienced attorneys at Trullinger & Wenk at 623-748-4890