How Long Does a Military Divorce Take and What Factors Can Affect Its Timeline?

Many people avoid the harsh realities of divorce until they no longer can. Military couples face even bigger obstacles, not only running the gamut of typical state-specific divorce proceedings but also working within national military mandates. You aren’t just dealing with one state’s divorce protocols, so how long does a military divorce take?

Undoubtedly, couples will need to consider this timeline as they balance military law, federal law, and, under some circumstances, another state’s laws, too. These variances can make divorce proceedings even more challenging for those in the military, but it’s easier when you know what to expect.

A divorce attorney in Goodyear, AZ, Lincoln & Wenk, PLLC, demystifies this process for a clearer idea of how long your divorce might take if you or your spouse serve in the military.

How Do You Define Military Divorce?

In a legal sense, a typical civilian divorce in the United States implies that neither spouse is in any military branch. A civilian divorce occurs solely on a state level, which means that only state divorce laws apply to marital dissolution.

Conversely, military divorce procedures in the United States only apply to marriages where one or both spouses serve in:

• The Army
• The Air Force
• The Marine Corps
• The Navy
• The Coast Guard
• The National Guard
• The National Oceanic Atmospheric Administration
• Public Health Services
• Reserve forces

How long does a military divorce take? Since military divorces combine state and federal laws, things are trickier. Add out-of-state or out-of-country deployment to the equation, and it might be a complex beast to wrestle with.

How Do Military Divorces Differ From Civilian Divorces?

A military divorce differs from a civilian divorce in that the process must honor state, federal, and military law simultaneously. For now, let’s look at the characteristics civilian and military marriages share, such as:

• Spousal support or alimony
• Child support and custody
• Assets (like in-state retirement funds, houses, vehicles, and other shared belongings)

The two divorce types diverge when a military member garners benefits that a civilian cannot access, like support from the Veterans Association. For example, the VA may extend healthcare, retirement, and housing benefits to active military and veterans. As such, divorce and VA benefits can make for a messy combination.

Both federal laws and military guidelines will determine how the parties must split military assets and how you or your spouse serve and respond to divorce papers.

Understanding Arizona’s Divorce Laws Versus Military Protections

Let’s dig more specifically into state-based considerations with Arizona’s divorce procedures. The state laws provide the bigger picture of federal and military divorce guidelines.

For example, the state of Arizona allows a spouse to respond to their divorce papers within 20 calendar days. You have 30 calendar days if the serving occurs out of Arizona, but active military status may protect the military spouse for even longer. The Servicemembers Civil Relief Act gives the spouse 90 days to respond and, after that, the option to request to delay the proceedings or their response for another 90 days.

SCRA exists because active-duty members may be unable to protect themselves and their interests when they cannot appear at hearings or actively participate in the process. The military spouse may even request to delay the proceedings under SCRA until they complete their active service.

Does the military spouse currently live in Arizona? Have they resided within that state for at least 90 consecutive days? Then, Arizona’s state laws alone may apply to them.

Of course, if their stationing keeps them away from their spouse’s current residency, the military spouse may still use SCRA to delay the divorce.

Where and How Can You File for a Military Divorce?

A military spouse may reside in a different state or country from their partner, and the where and how of the divorce filing comes into question.

Let’s say you’re the civilian spouse, and you live in Arizona. You file for a military spouse divorce from your partner stationed in a different jurisdiction. You will initiate a divorce process that honors Arizona’s state laws.

Now, let’s say you are an active military member, and you want to start the ball rolling on a divorce proceedings despite your stationing. You can file at your military base under whichever state you have recently been resident in for six months or longer. Bear in mind that you may not have the same influence as you would attending the hearings physically.

So, how long does a military divorce take when only one party legally resides in Arizona? Let’s look at the typical military divorce timeline below.

How Long Does a Military Divorce Take?

You’ll account for at least one state’s divorce mandates, federal laws, and military guidelines, which makes three sets of rules to consider. If each spouse can claim residency in different states, another set of divorce laws may also come into play. You can see why a divorce attorney might be essential to protecting your interests, whether you are a civilian or military spouse member.

The following steps can each take weeks or months, depending on the legal framework’s complexity:

Filing for Divorce

The first of many legal steps for military divorce is the initial filing. Under normal circumstances, an Arizona divorce only takes two to three months (for initial filings and responses).

Remember, a military member can evoke SCRA for divorce paperwork delays until they leave active duty. If so, this wait could stretch into years.

Dividing the Marital Assets

How long does a military divorce take? The average civilian timeline in Arizona may expect:

• Up to 120 days for an uncontested divorce
• Up to 45 days for a default divorce
• At least a few years for a contested divorce

Arizona’s asset division follows community property protocol – it splits things according to the ratio that each party contributed during the marriage. However, the military marriage asset division will depend on the length of time you’ve stayed married.

A ten-year or longer marriage with a military spouse who has been serving for ten years means the civilian spouse directly receives a portion of the military benefits. Similarly, The 20/20/20 federal rule implies that:

• The military spouse was on duty for at least 20 years
• The marriage lasted for 20 years
• These 20-year periods coincided

If this applies, the court will likely award the civilian spouse with a separate TRICARE plan, among other full benefits. If you don’t meet either rule, then Arizona laws will likely treat both of the spouse’s asset sets as community property (provided they did not inherit them or acquire them before marriage).

This step may take anywhere from a couple of months to a few years.

Figuring Out Custody Arrangements

Military family law offers child and spousal support provisions for military-civilian unions. However, if the support comes out of the military spouse’s pocket, it cannot exceed 60% of their income. Additionally, if they recently married or had a child, then this support cannot exceed 50%.

Military divorce guidelines also require that divorcing military spouses:

• Provide child and spousal support as the court rules
• Facilitate contact with children as needed for co-parenting
• Participate in visitation or custody arrangements

Custody or visitation arrangements can take anywhere from weeks to years to finalize.

Finalizing the Divorce

How long does a military divorce take? Altogether, each step can take weeks to years, depending on how much each spouse agrees, where they live, and their service details. Even in cases where they largely agree, mediation through the finer details could take a bit more time.

What Factors Might Influence the Timeline?

So, can you shorten the divorce process duration or prevent someone from drawing it out for years at a time? Consider the following scenarios:

Deployment and Stationing

Is the military spouse deployed out of state or stationed in a different country? SCRA may delay filing responses. The civilian spouse might have to wait until the current duty ends.

Whether You Go to Court

Can you settle division and support arrangements through mediation rather than court proceedings? If so, you may shorten the divorce process and make it less stressful. Otherwise, a judge will use Arizona state laws and federal and military regulations to divide the assets, determine support, and issue custody arrangements.

VA-Funded Property Ownership

Military homeowners often use VA benefits to fund their property purchases, making the waters even murkier for divorcing couples, especially if one is a civilian. Arizona’s community property laws will impact post-divorce homeownership, too, but you could face:

• Refinancing in the name of the new property owner
• Transferring the loan to a new, single property owner
• Limitations on acquiring another VA loan
• Mandated  loan repayment, even after the civilian spouse keeps the home

These outcomes depend on court decisions and the law.

Seek Legal Guidance From Lincoln & Wenk, PLLC, During Your Arizona Military Divorce

How long does a military divorce take? An Arizona divorce attorney with Lincoln & Wenk, PLLC, can help you navigate things, especially if you suspect your spouse is intentionally delaying divorce or have other complications to untangle. Call 623-294-2464 to book your free consultation.