In Honor of Military Appreciation Month
Throughout May, The Valley Law Group is proud to support those who serve by offering 10% off family law services for all active-duty military members and veterans who retain our services during the month of May.
If you or your spouse is serving in the military and facing divorce, custody, support disputes, or related family law matters, our experienced attorneys are here to protect your rights and guide you every step of the way.
Offer Ends May 31. Schedule Your Consultation Today.
Divorce is rarely a simple, emotion-free process. However, when one or both spouses are in the military, this process can become even more complex. If you are facing a military divorce in the Valley area, it is crucial to understand how military divorce works in Arizona.
Military divorces often require special attention because they frequently involve unique circumstances and considerations that are not present in other divorces. For example, there may be issues with jurisdiction, especially if one spouse is stationed outside the state or country. In addition, benefits such as military pension and healthcare, as well as protections like the Servicemembers Civil Relief Act (SCRA), can affect the division of property, child support, and child custody.
Working with an attorney who is familiar with the unique complexities of military divorce is essential to protect your best interests and ensure you receive a favorable outcome in your case. Learn more about military divorce from the professionals at The Valley Law Group.
Unique Legal Issues in Military Divorce
Military divorces present their own unique set of legal issues and considerations that can significantly impact the divorce outcome.
Residency and Jurisdiction Complications
For most people living in Arizona, determining where to file for divorce is typically straightforward. However, for military families, the process of deciding where to file takes a bit more scrutiny and consideration.
Arizona law requires at least one spouse to have been a permanent resident of the state for at least 90 days before filing for divorce. However, if a service member wants to file, they can do so in the state they are stationed, the state where they permanently reside, or the state where their spouse resides.
Having multiple filing options can be helpful, but it can also lead to confusion, depending on the specific circumstances surrounding the case. For instance, the couple may be stationed in Arizona, a state with community property laws, but maintain permanent residency in Illinois, a state with common-law property rules. As a result, the two states approach property division differently. One state may be preferable over the other depending on the couple’s assets and needs. In fact, the couple will need to determine which state’s laws to follow regarding matters such as child support, child custody, alimony, and more before deciding which state to file in.
Additionally, if one or both spouses are deployed – even temporarily – during divorce proceedings, protections such as the SCRA can impact how hearings, negotiations, and other important events are scheduled. That’s why consulting with a skilled military divorce lawyer in Phoenix is crucial in the early stages of your divorce.
Military Pensions and Benefits Division
Although other assets are generally distributed according to the filing state’s property distribution laws, military pensions and benefits come with their own set of rules that differ from non-military pensions, 401(k)s, and IRAs. These rules are outlined in the Uniformed Services Former Spouses’ Protection Act (USFSPA). This law allows retired pay to be divided by the court between the two spouses in the event of divorce.
Military pensions are considered community property in community property states like Arizona. This means that any assets acquired during the marriage or otherwise deemed to be communal by law are considered to be owned by both spouses and are thus subject to being split if the couple divorces. However, this only applies to military pensions and benefits if the marriage lasted ten years or more and at least ten of those years involved military service. If these requirements aren’t met, the pension division may not be denied entirely, but the court may use other methods to divide it.
One or both spouses may also receive disability pay, which is typically not considered community property and is therefore free from division. Other benefits include the Survivor Benefit Plan (SBP) and Thrift Savings Plans (TSP). SBP payments for a retired spouse typically end with divorce, although the service member can elect to provide continued coverage; in some situations, the court may order such coverage to be maintained. TSP benefits must be divided using a Retirement Benefits Court Order (RBCO) and must meet TSP requirements, which specify the beneficiaries, the percentage of the plan awarded, and the qualifying timeframe. Typically, only contributions made during the marriage qualify for division.
The division requirements are complex, especially if more than one of these benefits is involved, so it’s essential to discuss your options with an attorney familiar with military divorce in Arizona as soon as possible.
Parenting Plans
Aspects like frequent relocation – whether due to temporary duty (TDY) or permanent change of station (PCS) – deployment, and more, mean that military marriages and divorces often require more flexibility than non-military ones. This is even more true when children are involved. However, just like any decisions regarding children impacted by a civilian divorce should consider the needs of the children first, military child custody and support agreements must be made in the best interests of the child.
As such, the court considers all the typical factors when making custody and support decisions, such as the ability to provide a stable environment, access to education, and the ability to meet the child’s basic needs. However, additional considerations come into play when one or both parents are in the military. For instance, military families must consider training assignments, deployment preparation, and relocation with their children’s best interests in mind.
When drastic changes happen, the courts sometimes allow modifications in custody and parenting plans, such as:
- Temporarily altering parenting time while a parent is deployed.
- Assigning parenting time to another family member, such as a grandparent, while one or both parents are deployed
- Returning to the original parenting plan once a deployment is over to avoid permanent revocation of visitation and parenting rights.
Military spouse custody laws are meant to protect the rights of both spouses and their relationship with the child. However, it is not uncommon for these issues to become highly emotional, especially if one spouse will be away from the child for extended periods and/or will live separately from the child even after deployment or TDY assignments end. That’s why it is so crucial to discuss your military divorce case with a skilled military divorce attorney who can help you advocate for your and your child’s best interests.
Rights of Military Spouses
Service members are not the only ones who have rights and protections during a divorce – their spouses also have rights that must be upheld. This is particularly true when it comes to healthcare benefits and military privileges.
As mentioned, a federal statute known as the Uniformed Services Former Spouse Protection Act grants specific protections and access to the former spouses of military personnel. An ex-spouse who satisfies the following criteria may be eligible for commissary, medical, theater, and exchange privileges under the 20/20/20 rule:
- The couple was married for at least 20 years at the time the divorce was filed.
- The service member accrued at least 20 years of service and is eligible for retired pay.
- The civilian spouse was married to the service member for at least 20 years of the service that designated them eligible for retired pay.
There is also a 20/20/15 rule for those who do not qualify for the 20/20/20 rule. This rule applies when there is at least a 15-year overlap of the 20 years of marriage and the 20 years of service. Under the 20/20/15 rule, for a maximum of one year following the divorce, the civilian ex-spouse qualifies for TRICARE insurance coverage. They do not, however, keep their commissary, base, or exchange access.
Understanding these spouse and veteran divorce rights in AZ helps both parties make informed financial and legal decisions as the divorce process begins.
Rights of Service Members
The Servicemembers Civil Relief Act (SCRA) is the primary form of protection provided for service members during divorce. Because of the SCRA, if military duties prevent active duty service members from attending or participating in divorce proceedings, they can request a delay or stay of court proceedings until they can return to attend to them. The SCRA also provides protection against default judgments (judgments issued without the presence of both parties) as long as the absent party can provide proof they are unable to attend due to military duties. Service members can also protect themselves against their spouse’s actions to modify or eliminate child custody or visitation agreements if they were unable to fulfill their responsibilities solely due to military service.
If you believe your ability to participate fully in your divorce and the related decisions is at risk due to your military duties, consult with a military divorce attorney to ensure your SCRA rights are protected.
Why Work With a Military-Aware Attorney
If you are facing a military divorce, a military-aware attorney is the best resource you can have as you navigate the process. These attorneys possess in-depth knowledge of the law and the benefits associated with military divorce. They are also well-informed of federal protections afforded to military spouses and service members that are not applicable to other individuals.
SCRA Assurances
In particular, military-aware attorneys are highly cognizant of the Servicemembers Civil Relief Act (SCRA) and its effects on the way legal actions can impact service members while they are away. An attorney familiar with this law can help prevent filing and notification errors, thereby protecting the service member’s rights.
Jurisdictional Knowledge
A military-aware attorney can help you assess the jurisdictional issues that can arise from military divorce proceedings, weigh your options, and strategically choose the filing location that has the best chance of ideal child custody, spousal support, and property division outcomes. A military divorce attorney can present the impacts of filing where the civilian spouse lives, where the service member is currently stationed, or the official home of residence, so you can make an informed decision.
Knowledge of Multiple Relevant Laws and Codes
Additionally, certain military divorce issues are governed not only by state law but also by federal law as well as military rules. A skilled attorney can present all relevant federal and state laws, as well as military rules, to ensure that both individuals can protect their rights to a fair division of property. A military-aware attorney can also help you draft the appropriate paperwork to ensure you secure the benefits you are entitled to.
Familiarity With Military-Related Obstacles
Military families endure a unique set of obstacles, including long deployments, frequent relocations, physical and emotional stressors, and extended periods of geographic isolation. Military-aware attorneys are sensitive to both the logistics of a military divorce case and the human realities.
At The Valley Law Group, we bring this breadth of experience to every divorce proceeding. Whether you are stationed at Luke Air Force Base or retired personnel living in Maricopa and Pinal counties, we can help you. Our team has successfully represented numerous active-duty service members, veterans, and military spouses throughout Arizona.
If you’re facing a military divorce in Arizona, it’s not enough to have a good family lawyer – you need an attorney who understands military divorce and can advocate for your rights and interests.
How The Valley Law Group Can Help
At The Valley Law Group, we know that a military divorce can be emotionally and legally difficult. We utilize our knowledge of family law and our experience in helping military families to provide you with the peace of mind you need and support you in the following ways:
- Filing Guidance – We can help you determine the right jurisdiction in which to file for divorce, as well as ensure that all your paperwork is completed correctly and with the correct entity. We can review your case to identify and eliminate mistakes that could cause procedural delays.
- Favorable Division of Benefits – We understand the nuances that accompany military pension plans and other military benefits. Our attorneys can assist with requesting retirement benefits court orders (RBCOs) and ensure they meet all compliance requirements.
- Appropriate Parenting Plans – Military families require additional care when creating parenting plans and determining legal decision-making rights. We can help you draft a plan that prioritizes your child’s best interest while accommodating deployments, trainings, and other changes that may significantly affect parenting time.
We understand that going through a military divorce is a significant life event that will require special care and attention to detail. Our skilled attorneys can help you identify local resources that can provide additional assistance for both spouses, such as mental health counselors and financial planners. Our goal is not only to help you navigate the legal aspects of divorce but also to ensure you establish a stable life afterward.
If you would like to learn more about our approach to military divorce in Arizona and how we can help protect the future of your military family, we invite you to explore our foundational guide, “Divorce and the Military.”
May 2025 Special Offer: Save 10% on Family Law Services
We deeply value the service and sacrifice of our nation’s military members and their families. In honor of Military Appreciation Month, The Valley Law Group is offering 10% off all family law services throughout May for active-duty service members and veterans.
Whether you’re facing divorce, child custody, support modifications, or preparing for deployment-related agreements, our experienced attorneys are here to provide compassionate, strategic guidance tailored to the unique needs of military families. We understand the added legal complexities involved and are committed to protecting your rights at every step.
This is your chance to receive trusted, results-driven legal support at a reduced rate. Let us help you safeguard what matters most- your family, your future, and your freedom.
Offer valid through May 31. Book your consultation today.
Resources:
- Consumer Financial Protection Bureau. (n.d.). The Servicemembers Civil Relief Act (SCRA). https://www.consumerfinance.gov/consumer-tools/educator-tools/servicemembers/the-servicemembers-civil-relief-act-scra/
- Arizona State Legislature. (n.d.). Arizona Revised Statutes §25-312. https://www.azleg.gov/ars/25/00312.htm
- Defense Finance and Accounting Service. (n.d.). U.S. Financial Services Protection Act (USFSPA) – Legal Information. https://www.dfas.mil/Garnishment/usfspa/legal/
- U.S. Department of Defense. (n.d.). Survivor Benefit Program overview. https://militarypay.defense.gov/Benefits/Survivor-Benefit-Program/Overview/
- Thrift Savings Plan. (n.d.). TSP official site. https://www.tsp.gov
- Thrift Savings Plan. (n.d.). Retirement benefits and court orders. https://www.tsp.gov/planning-for-life-events/retirement-benefits-court-order/
- Military OneSource. (n.d.). Rights and benefits of divorced spouses in the military. https://www.militaryonesource.mil/relationships/separation-divorce/rights-and-benefits-of-divorced-spouses-in-the-military/
- Office of the Comptroller of the Currency. (n.d.). Servicemembers Civil Relief Act (SCRA). https://www.occ.treas.gov/topics/consumers-and-communities/consumer-protection/servicemembers-civil-relief-act/index-servicemembers-civil-relief-act.html
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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