A military divorce can differ from standard family law cases when it comes to domicile or residence requirements for filing, obtaining service upon an active duty spouse, compliance with military rules and regulations, and the the division of the military pension, which is often the community's largest asset. A firm understanding of these issues and others are necessary to successfully resolve your family law action.
While each state may have different laws regarding how family law cases are to be handled and community property divided, the federal government has enacted legislation titled The Uniformed Services Former Spouses Protection Act (USFSPA) that governs the calculation and division of military pension benefits. More on this in a later post.
Overall, it's important to realize that the military considers divorce and separation to be a private civil matter, best resolved by the courts. Sometimes military spouses expect too much out of military authorities. They think they can contact their spouse's commander, and the commander will waive a magic wand and make everything better. In most cases, that's unrealistic -- just as it would be unrealistic to expect the manager at K-Mart to become involved in your marriage situation, should your spouse work there. The commander has limited authority in the area of divorce & separation. The military only becomes involved in domestic situations in very limited, specific ways -- procedures which are authorized under law or military regulation -- usually when it concerns pay, benefits, property, domestic violence, etc., which are regulated by federal law. In a vast majority of military domestic situations, the correct procedure is to obtain an attorney, and take it to court -- just like everyone else in the United States has to do.
Military lawyers deserve special mention. Military personnel and family members all have access to free legal services provided by the "legal office" (Judge Advocate General, or "JAG"). Your base or post JAG office will have one or more lawyers assigned to "Legal Assistance," and they will consult with you about family and divorce matters. What most people don't realize, however, is the JAG is of very little help when it comes to divorce and separation. At most, the JAG can give you general advice. They cannot prepare divorce or separation documents, they cannot represent you in court, they cannot file legal divorce or separation paperwork for you. Quite often, even the "general advice" may be of little use, as there is no requirement that a military lawyer be licensed to practice law in the state they are stationed in, so the lawyer's knowledge of divorce laws of that particular state may be limited. For military divorce, separation, or child support situations, you need to consult with a hard fighting, straight talking Phoenix divorce lawyer, who is knowledgeable about the divorce laws of Arizona.
The lawyer you choose should also have extensive experience with military-related family law (because many things are different between military-related and civilian domestic situations). A family lawyer with military-related family law experience will have knowledge of the provisions of the Servicemembers Civil Relief Act (SCRA) and the USFSPA, as well as specific provisions required for garnishment of military pay. All of which will be discussed in subsequent posts.
If you need a divorce,
child support, or
child custody lawyer in the Phoenix area,
contact us right away for a free consultation.