Divorce is always complicated, but it can be even more so when one or both of the spouses are in the military.
At Lincoln & Wenk, PLLC, we specialize in military divorces, ensuring all aspects of state family law and federal military regulations are considered.
If you or your spouse are an active duty member or veteran of the US Armed Forces (or similar associated services), our military divorce attorneys are here to help.
Schedule a consultation with an Arizona military divorce lawyer today.
Military divorces in Arizona are characterized by their adherence to federal laws such as the Uniformed Services Former Spouses’ Protection Act (USFSPA). They’re also heavily influenced by the intricacies of military life, including deployments, frequent relocations, and specific benefits entitlements.
When you hire Lincoln & Wenk, PLLC, we’ll help navigate these issues and work toward fair outcomes regarding:
Child custody and visitation arrangements in military divorces require an intimate understanding of the challenges posed by frequent deployments and relocations. Our military divorce attorneys advocate for the best interests of your children while ensuring your parental rights are protected.
Dividing marital property in military divorces involves complex considerations, including military pensions, housing allowances, and other benefits. We strive for equitable distribution that accounts for these assets and ensures a truly fair settlement.
Determining child support in military divorces involves calculating income from military pay and allowances. We work diligently to ensure child support obligations are fair and in compliance with state guidelines, adequately addressing children’s financial needs.
Securing spousal support in military divorces requires knowledge of military benefits and financial considerations. Our attorneys advocate for fair support arrangements that consider the duration of the marriage and the financial needs of both parties.
Divorce mediation offers a collaborative approach to resolving disputes outside of court. This can be extremely beneficial in military divorces where logistical challenges tend to arise.
Handling same-sex divorces in the military requires familiarity with evolving legal protections and rights. We provide compassionate legal representation to work through complex unique legal issues and ensure fair resolutions
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Divorce is painful and stressful, no matter the specifics. If you’re filing for a military divorce in the Phoenix area, we’re here to listen and help. Get in touch to discuss military spouse rights in divorce today.
The first step is to schedule a consultation with a knowledgeable military divorce lawyer. This initial meeting allows you to discuss your situation, understand your legal rights, and explore options tailored to your needs and goals.
After meeting with your lawyer, it’s time to prepare and file the divorce petition with the appropriate court in Arizona. This document formally initiates the divorce process and outlines your requests regarding asset division, child custody, support, and other issues.
Military divorces often benefit from mediation and negotiation to resolve disputes outside of court. Experienced attorneys can facilitate productive discussions between parties, aiming to reach agreements on everything from custody disputes to alimony.
Upon successful mediation or negotiation, we’ll draft the settlement agreement. This will cover details such as asset distribution, child support, alimony, and other pertinent arrangements. In the end, it will serve as a source of clarity for both parties.
Once all legal requirements are met, including any waiting periods mandated by Arizona law, the divorce decree is issued, legally ending the marriage and confirming the terms agreed upon by both parties.
We’re here to understand your objectives and challenges, then proceed in a manner that aligns with your circumstances. To explore how we can assist with navigating a military divorce in Arizona, book a consultation today.
A military spouse in a divorce is entitled to many of the same benefits as civilian spouses, including alimony, child support, and division of marital property.
Specific to military divorces, the Uniformed Services Former Spouses’ Protection Act (USFSPA) allows for the division of military retirement pay as part of the divorce settlement.
Additionally, under the 20/20/20 rule, a former spouse may retain full military spouse benefits after divorce (such as healthcare, commissary, and exchange privileges) if the marriage lasted at least 20 years, the service member served at least 20 years, and there was at least a 20-year overlap between the marriage and the military service.
Getting a divorce in the military can present unique challenges, but it is not necessarily harder than a civilian divorce. The primary complications arise from deployments, relocations, and adherence to military regulations.
Service members are protected under the Servicemembers Civil Relief Act (SCRA), which can delay proceedings during active duty to ensure they are not unfairly disadvantaged. Additionally, the military provides specific legal assistance services to help navigate the complexities of military regulations and federal laws during the divorce process.
The main differences between a military divorce and a civilian divorce lie in the additional federal and military regulations that must be considered.
Military divorces must adhere to the USFSPA for the division of retirement pay and may involve the SCRA to protect active-duty service members from default judgments.
Jurisdiction issues can also be more complex due to frequent relocations and deployments.
Furthermore, military benefits such as healthcare and base privileges may be affected differently than in civilian divorces, particularly under the 20/20/20 rule for long-term marriages.
Military spousal support varies depending on the service member’s branch, rank, and the specific circumstances of the divorce.
Each branch of the military has its guidelines for temporary spousal support while a formal order is being established. For example, the Army’s interim support is calculated based on the service member’s Basic Allowance for Housing (BAH).
However, the final determination of spousal support will be made by the court, considering factors such as the length of the marriage, the standard of living during the marriage, and the needs and income of both parties.
Spouse abandonment in the military, also known as marital abandonment or desertion, occurs when a service member leaves their spouse without just cause and fails to provide necessary support. This can include physical abandonment, where the service member physically leaves the marital home, and financial abandonment, where they cease providing financial support.
The military takes such actions seriously, and a service member may face disciplinary action under the Uniform Code of Military Justice (UCMJ) for failing to meet their family support obligations.
To protect your rights during a military divorce, start by seeking legal assistance from an attorney experienced in military family law. You need someone who understands the unique aspects of military regulations, such as the USFSPA and SCRA.
Additionally, document all financial records, benefits, and communication with your spouse. Ensure that all agreements, especially regarding military spouse benefits after divorce, are clearly outlined in the final decree.
Navigating a military divorce can be complex and emotionally draining, regardless of how long you’ve been married. Fortunately, our Arizona military divorce lawyers are here to help you every step of the way.
Call us at 623-294-2464 or contact us to schedule your consultation today.
