Filing For Military Divorce

If you are considering divorce as a member of the United States military, or if you are married to a military service member on active duty and feel it is time to begin the process of legally dissolving your marriage, you may have a number of questions regarding the differences between civilian vs. military divorce. The truth is that most of the processes involved in legal proceedings for a dissolution of marriage will be similar, regardless of whether the constitute a military divorce or a parting of ways between two civilians. However, there are a few factors associated with military service that can complicate the divorce timeline and raise questions concerning which state has jurisdiction over the case. 

Spouses approaching a military divorce in Arizona may find it reassuring to note that the state’s long history of active duty military installations means that courts in the state are generally familiar with the special requirements that may be involved in military service, especially if a service member is deployed while divorce proceedings are ongoing. For further guidance, or to consult with an Arizona attorney who may be able to offer some perspective on the state’s requirements for divorce filings, reach out to the Sullivan Shick team by calling (480) 284-2644 to speak with a member of our staff in Mesa, Peoria, or Phoenix today.

Filing for Divorce in the Military

If you are filing for divorce while serving in a branch of the United States military, or if you are seeking a divorce from an active duty service member, most of the legal processes associated with your divorce filing and paperwork will be similar to what you could expect in a civilian divorce. However, there are a few key differences that may apply in a military divorce. Not all of these differences will apply in every case, but understanding where a military divorce may differ from the steps to be followed in a civilian divorce and how these considerations may affect the proceedings in your own military divorce case can help you to prepare and navigate any challenges efficiently, whether you are divorcing someone serving in the military or need to divorce a civilian while on active duty yourself.

Generally speaking, the legal and procedural differences between divorce in the military vs. among the civilian population will fall into a few areas:

• Jurisdictional considerations
• Scheduling and court dates
• Legal resources and representation

Thanks to the various United States military bases located throughout Arizona – including six “major” active duty installations, according to the Arizona Department of Emergency and Military Affairs (DEMA) – the divorce team at Sullivan Shick has substantial experience in working with military personnel and their families. Consider scheduling a consultation with our Mesa office if you have questions about military divorce.

Military Divorce Jurisdiction

One of the main ways that filing for military divorce may differ from civilian divorce cases is that the question of jurisdiction – that is, which court has authority to hear the case – can be complicated for military personnel, particularly if they have been moved from base or base recently or if they are currently stationed overseas. For spouses of military personnel, the question may be a bit simpler, as they may only need to satisfy the residency requirements of the state in which they intend to file themselves. If the spouse serving in the military is the one filing for divorce (or if both spouses are serving), then laws allow for a married person in military service to file in any of these locations, according to Military OneSource:

• The state in which the base to which the service member is currently assigned is located (e.g., if your base is in Arizona, you could file your petition for dissolution of marriage with an Arizona court)
• The state in which the service member claims legal residency (often the last state in which the service member was a legal resident before being deployed)
• The state in which the nonmilitary spouse is a legal resident (note that this may not be an option if both spouses are in the military)

Military OneSource does recommend filing within the United States if possible, even if you are currently deployed overseas, to avoid introducing an additional set of potential complications related to getting your divorce recognized by courts in your “home” jurisdiction.

Scheduling and Court Dates

Most states impose some waiting period between filing for a divorce and receiving a judge’s final decree of dissolution of marriage. The length of this waiting period can vary significantly from state to state; in Arizona, the mandatory minimum waiting period for an uncontested divorce is 60 days, according to the Superior Court of Maricopa County.

Many divorces, in Arizona and elsewhere, take much longer than the statutory minimum prescribed by law. Often this is because the spouses cannot agree on all aspects of their divorce settlement, and frequently multiple hearings must be scheduled in order for both parties to present their best cases to the judge presiding over the case for why the court should rule in their favor on specific points at issue in the case, such as child custody (known in Arizona as “parenting time”) arrangements or awards for spousal maintenance (alimony). In a military divorce, however, there may also be delays due to the active duty service member’s schedule. Under the Servicemembers’ Civil Relief Act, individuals serving in the United States military may apply for various forms of relief, including – most notably for divorce cases – a “stay of proceedings,” when their service to the United States government would preclude them from appearing in court or otherwise fulfilling obligations that would be expected to apply in the ordinary course of events. Particularly if an individual in the military is stationed overseas and needs to file multiple requests for a stay of proceedings, the length of time needed to achieve a military divorce can be significantly longer than state-defined waiting periods, by themselves, might suggest.

Legal Resources and Representation

The United States military offers certain limited legal assistance resources to active duty personnel stationed in the continental United States. Individuals in any branch of the military can use the Armed Forces Legal Services Locator as a starting point to find the resources available to them. As Military OneSource points out, however, military legal assistance attorneys will not be able to represent service members in civilian divorce cases, so it may be a good idea to consider scheduling a consultation with a local divorce attorney in the jurisdiction where you plan to file, or in which your spouse has filed.

If your divorce case is subject to the jurisdiction of the Arizona courts, then an Arizona divorce lawyer may be able to help you navigate important matters such as the requirements your branch of the military (or your spouse’s branch of the military) imposes for temporary support orders, and supporting you in beginning the process of developing a parenting plan proposal, which can often be complicated by the demands of military service.

Speak With an Arizona Divorce Attorney if You Are Considering Filing for Military Divorce in Arizona

Generally speaking, the steps to follow in filing for military divorce will be similar to those involved in filing for a dissolution of marriage as, or from, a civilian. However, the timelines involved in a military divorce can be complicated by the deployment of active duty personnel, and in some cases even determining the appropriate state in which to file can pose its own set of questions. Once the initial filing has been submitted and papers have been served on the non-filing spouse, there may still be a number of hurdles to clear. Consider scheduling a consultation with an Arizona divorce lawyer near your installation by calling (480) 284-2644 today to speak with a member of the Sullivan Shick team at any of our Peoria, Mesa, or Phoenix locations.