Scottsdale Military Divorce
Scottsdale Military Divorce
Are you or your spouse in the military? Are you also considering getting a divorce? If a divorce is going to be in your future, you may be wondering whether it will be different from a standard divorce because of the military ties. You will find that the process for getting a divorce will be quite similar whether one or both of you are in the military, or it is a standard divorce. You will have to undergo many of the same sorts of procedures as a regular divorce in Scottsdale, AZ. This includes dividing assets and debts, child support, custody, etc.
While there are certainly similarities, there are also some differences you will want to keep in mind. Typically, someone who is getting a standard divorce in Scottsdale will be in the same city, or at least in the same state as one another. That’s not true in the case of military couples.
Often, one might be stationed in a different state or a different country. This can complicate the divorce because of the distance, and they aren’t able to properly represent themselves in a divorce. It could put the military spouse at a disadvantage, which is why the Service Members Civil Relief Act was created.
Please keep in mind that if you are going to file in Arizona, there are certain requirements that you must meet. Residency requirements are one of them. If you are going to file in Arizona, you or your spouse will need to have lived in the state for the last 90 days at least. Minor children will need to have lived in the state for at least six months. You can start to prepare for your divorce ahead of time, but you can’t start the process until you have resided there for the appropriate amount of time.
What Is the Service Members Civil Relief Act?
The SCRA was created to help preserve the rights of service members who would not be able to participate in their divorce proceedings because of their location. If someone is serving overseas and is served with divorce papers, they can’t simply pack up, come home, and deal with the divorce. The military is not like other jobs.
The military spouse is deployed and is focusing on their duties. They can’t take part in the divorce like they would if they were home, and this act is meant to help protect them. The SCRA means that the divorce proceedings will not start until 60 days after the military spouse returns or if that spouse decides to give up those rights.
What does this mean for the divorce? It means that it will take a bit longer because it can’t proceed without both of the spouses being able to participate. While some might not like the idea of waiting longer for the divorce, it ensures fairness for all involved.
While the SCRA is wonderful for helping the military member ensure fairness in the divorce, it will not protect them from not paying child support. This is always required, and if your former military spouse doesn’t pay child support, you can report them to their command.
Consider Where the Divorce Should Be Filed
Since military members and spouses might be located in different states, you will want to think about where you file for your divorce. The location where you file is going to matter, as it means that is the state that will have jurisdiction in the case. If you file in Scottsdale, for example, you will use the Arizona divorce laws for child custody, support, and property division.
You could opt to file in the location where the service member is located and residing, the state where they are stationed, or the state where you reside. It is important to take a look at how divorce works in the different states, so you can figure out the best place to file for you.
Of course, there are also cases where competing divorce petitions occur. For example, a member of the military who wants a divorce might file in one state and their spouse will be served in Arizona. However, the civilian who was served could potentially still file in Arizona according to the way the law works. These issues can get complex quickly, and you will be better served by working with an attorney who can help you with your case.
How Will Issues with the Children Be Resolved?
Most of the time, what happens with the kids will be the same whether you are going through a standard or military divorce. The courts will want to make sure that the kids are taken care of properly and that all of the decisions are made with their best interests in mind.
In Arizona, this generally means that the kids receive parenting time with both of their parents in equal measure, or as equal as possible. Military spouses are often out of the country, so this isn’t always possible. The courts also want to ensure that both parents have equal legal decision-making rights for the child.
Hopefully, the parents will be able to reach agreements with one another about the kids. They will need to put aside their differences and try to reach a point where they are both happy with the results. This is sometimes hard to accomplish.
Talk with the Right Attorneys
Of course, things can become difficult in any divorce, even when both you and your spouse seem to be on the same page about not wanting to be together any longer. Disagreements can and do happen, and things can turn sour quickly. In those cases, you will want to make sure you are working with a good, reputable attorney.
Find a divorce attorney in Scottsdale who can help you with all of your divorce issues from start to finish. Whether you are in the military, or your spouse is serving, you should have help and guidance from a family law attorney in Scottsdale.
8707 E Vista Bonita Drive, Suite 155 Scottsdale, AZ 85255