Divorce is a labyrinthine and profoundly emotional journey, made even more intricate when one spouse is deployed. Should you find yourself in this situation as an Arizona resident, it is crucial to grasp your rights and available options when it comes to initiating divorce proceedings.
Deciphering Arizona Divorce Laws
In Arizona, fault is not a requirement for divorce. A couple need not prove any misconduct on either spouse’s part; they simply need to express that the marriage is irreparable due to irreconcilable differences.
Nevertheless, some prerequisites must be satisfied before initiating a divorce in Arizona. One of the spouses, or both, must have been a resident of the state for a minimum of 90 days before filing. Additionally, you must file in the county where either you or your spouse currently resides.
Unique Considerations for Military Divorce
When one or both spouses serve in the military, there are additional crucial factors to consider. The Servicemembers Civil Relief Act (SCRA) offers protection to active-duty military members, shielding them from civil actions, including divorce, during their service.
Furthermore, military pensions and retirement benefits may be subject to division during divorce proceedings. Depending on the duration of the marriage and the length of time the military spouse has served, the non-military spouse may be entitled to a portion of these benefits.
Procedural Steps for Filing a Divorce with a Deployed Spouse
Should you decide to file for divorce in Arizona while your spouse is deployed, you will need to follow a series of steps to ensure a smooth process:
Seek legal counsel – Collaborating with an experienced attorney versed in military divorce cases is imperative, as they can guide you through the unique considerations involved.
Inform your spouse – If feasible, it is advisable to inform your deployed spouse of your intent to initiate divorce proceedings before they’re deployed. This can help preempt any misunderstandings or confusion later on.
File the divorce petition – Prepare and file a dissolution of marriage petition with the relevant court in the county where either you or your spouse resides. Your attorney will assist you with the requisite documentation.
Serve your spouse – Serving your overseas-deployed spouse might present additional challenges. You could potentially utilize the military chain of command to serve them, or alternatively, you may need to obtain a court order for alternative service.
Navigating the SCRA – The SCRA provides specific safeguards for active-duty military members, including the ability to delay legal proceedings. Your attorney will offer guidance on complying with these requirements and ensuring that your divorce proceeds without unnecessary delays.
Equitable division of assets and liabilities – Once the divorce is finalized, it becomes essential to apportion any accumulated assets and liabilities fairly. This includes military pensions and retirement benefits, which should be conscientiously considered.
Concluding Thoughts
Initiating divorce proceedings while your spouse is deployed can prove to be a convoluted journey, but with adept legal counsel, it becomes manageable. By comprehending Arizona’s divorce laws and understanding the unique challenges military families face, you can work towards attaining an equitable divorce settlement that safeguards your interests and those of your family.