Military Divorce in Arizona

| Divorce Family Law | August 4, 2020

Thank You for Your Service

First and foremost Duenas Eden Law, PLC would like to thank all military veterans and their families for their incredible sacrifice and service to protect our freedom. In general the military creates a significant dynamic for its members that is different than the standard private civilian. This includes moving to different bases, in and out of the country, separating from other family and resources, as well as active deployment. If the service member is married, it adds an additional layer to this setting. For some spouses this dynamic becomes too much and seek for a dissolution of the marriage.

Service Members and Divorce

Divorce is any situation can be challenging both emotionally and physically. For active military members, navigating all the legal details and emotions can seem daunting. A good first step is to contact your local Armed Forces Legal Assistance office; however it should be noted that the military considers divorce as a “private civil matter to be addressed by a civilian court”1. As a result it is important to contact an experienced divorce attorney.

Divorce in Arizona

It should be noted that wherever the divorce is filed that states marital and divorce laws apply. As a result Arizona is a no-fault and community property state. Meaning there is no need to prove grounds for a divorce filed in AZ and the division of property follows community property law respectively.

Servicemembers Civil Relief Act

For service members the  Servicemembers Civil Relief Act provides protections and services such as providing a 90 day “stay” or postponement of civil court matters, in the which divorce proceedings apply. This allows for the uniformed member the time to prepare and arrange properly for proceedings. From the Military One Resource website it states: “Postponed civil court matters — If you cannot participate in a civil court action or administrative proceeding because of your military service, you can request a 90-day delay, or stay, in the proceeding. You are automatically entitled to this delay if you follow all of the requirements. The judge, magistrate or hearing officer can grant an additional 90-day stay. Proceedings may include actions for divorce, child paternity and support cases, and foreclosure proceedings. This protection does not apply to any criminal court or criminal administrative proceedings. “2

 

Speak with an Experienced Family Law Attorney

Once again as divorce is considered a private civilian matter, having an experienced divorce and family law attorney representing you is very important. This becomes even more critical when children and assets, including military benefits and pensions, are involved. If you or your spouse is seeking a divorce in Arizona, contact us  to arrange a private consultation.

We are the Attorneys of Duenas Eden Law, in Phoenix, Arizona. We will work with you one-on-one as your lawyer to help and guide you in your divorce. Our Office in the Ahwatukee area of Phoenix, AZ and we serve the communities of Ocotillo, Chandler, Laveen, Tempe, Mesa, Gilbert and San Tan Valley. Call today: (480) 285-1735.

At Duenas Eden, the health and safety of our employees and clients is of utmost importance. We are currently working remotely, but are available to address your individual needs. We have added new telephone numbers to better assist you. Please call or text attorney Amy Duenas at (602) 492-5636, attorney Dorian Eden at (480) 269–1731, or paralegal Chris Esparza at (480) 269-2158.  Our main office number of (480) 285-1735 is still being monitored hourly. Thank you for your patience during this difficult time for all.

 

Sources:

1. https://www.militaryonesource.mil/financial-legal/legal/family-legal-issues/managing-the-divorce-process

2. https://www.militaryonesource.mil/family-relationships/relationships/relationship-challenges-and-divorce/servicemembers-civil-relief-act


Divorce

| Divorce Family Law | July 15, 2020

Dissolution of marriage, otherwise known as divorce, can be a complex matter in a seemingly simple request; to legally end a marriage. This complexity consists of many factors including emotional, financial and familial. In this article we will discuss these 3 main areas.

What is divorce?

As stated above, divorce is the legal dissolution of a marriage contract. Arizona is considered a “no fault” state. This means that there is no need to prove fault, such as adultery or infidelity, to request a divorce. Since marriage is a legal agreement filed with the state, divorce also requires similar legal filings in order to officially and legally bring about the end to a marriage.

 

Emotions in a Divorce

It goes without saying in most divorce proceedings that there is a significant amount of emotion tied into the matter. Emotions on both sides such as anger, hate, animosity, guilt, jealously and even love can cause disruptions in the process. This is why it is imperative to have an experienced divorce lawyer represent you in your divorce. Not only will the attorney prepare and file all the necessary legal paperwork, they are able to be a clear minded and clear emotional advocate seeking the best outcome for you.

 

Financial Factors or Assets in a Divorce

Arizona is a community property state. This simply means that while the spouses are married all the “commingled” assets and debts belong equally to both. So in a dissolution of marriage these assets and debts are divided among the parties. Separate property, being considered as assets or debt acquired by a spouse prior and separate from the marriage, is still considered sole owned by one of the spouses and will not be considered for division. However this separate property can have liens placed on them by a judge in order to secure payment of assets that are not easily liquidated or disposed [A.R.S. § 25-319(e)].  Also one thing to keep in mind is that the division of community assets are not always an exact 50/50 split, many factors including valuations and debt may cause a slight shift one way or the other. In fact if an agreement is not met between the divorcing spouses regarding assets, the judge ultimately has the final say.

With regards to assets and other obligations in the event of a divorce, pre-planning with a pre or even post-nuptial agreement can ease the transition in a divorce especially among assets. But it should be noted that this is a set up well in advance and in agreement with both spouses prior to a dissolution of marriage on how the assets and other obligations will be handled in the event of a divorce.

 

Children in a Divorce

As with many marriages, children are often born and/or raised during this time. It is typically not even a consideration when couples begin their families that they may eventually divorce, and this is where the complexity enters. Most often both parents love and want “what’s best” for their children; however that idea may not always be the same in the minds of the individual divorcing parents. “Joint custody”, “sole custody”, “parenting plans” and “child support” now enter the conversation and for parents that have differing beliefs of “what’s best” for their child, this becomes forefront in much of the emotion and argument. This is prime example of the need for an experienced family law attorney. Your attorney will seek for the best outcome in the child custody proceedings and will help guide you through the best plans and course of action.

You Are Not Alone

For some, divorce is difficult and may feel like you are left all alone; you are not! We will be your attorney, advocate and friend in this difficult time. We are the Attorneys of Duenas Eden Law, in Phoenix, Arizona. We will work with you one-on-one as your lawyer to help and guide you in your divorce. Our Office in the Ahwatukee area of Phoenix, AZ and we serve the communities of Ocotillo, Chandler, Laveen, Tempe, Mesa, Gilbert and San Tan Valley. Call today: (480) 285-1735.

At Duenas Eden, the health and safety of our employees and clients is of utmost importance. We are currently working remotely, but are available to address your individual needs. We have added new telephone numbers to better assist you. Please call or text attorney Amy Duenas at (602) 492-5636, attorney Dorian Eden at (480) 269–1731, or paralegal Chris Esparza at (480) 269-2158.  Our main office number of (480) 285-1735 is still being monitored hourly. Thank you for your patience during this difficult time for all.


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