At Clark Family Law, P.C., we understand the unique aspects of a military divorce. We can help you understand the issues and make informed decisions about your future. Our goal is to help you and your family heal from the painful effects of divorce.
Our knowledgeable Phoenix military divorce attorney, Richard W. Clark, was a lieutenant serving as an Airborne Ranger in Vietnam and has been practicing family law for 40 years. He has firsthand knowledge of the state and federal laws that apply in military divorce case. He will work with you to help you meet your goals and find a favorable outcome in your military divorce or custody matter.
Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) allows service members on active duty to postpone or delay pending trials. This can include a divorce, custody and visitation action or other family matter. Our legal team can help you determine if you should invoke the SCRA in your case. In some situations, it may not be necessary for you to be at the hearing.
When you choose to postpone, and for how long, will depend on the specific facts of your case. We can advise you on your rights and work to ensure that those rights are protected at every stage of your case.
Division of Retirement Benefits
Military pensions and retirement benefits can be divided in a divorce. Whether the benefits will be divided in your divorce will depend on the number of years you were married and if the retirement benefits qualify as community property. We can help you with this asset division.
Maricopa County Child Custody Lawyer Planning for Your Future
Active duty can put a strain on family relationships and visitation schedules. We can help you develop a comprehensive family care plan that addresses the issues that matter to you such as custody and visitation during deployment or in the event of death. This family care plan can designate your wishes for the future of your family and be presented to the court.
Out-of-State Moves and Jurisdictional Issues
In custody and visitation cases, a move out of state can raise important jurisdictional issues. Which court will hear the case? How will custody issues be resolved across state lines?
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines the court that will have jurisdiction. If the child has lived in a state for at least six months, that court will have jurisdiction. However, if custody or visitation cases are filed in two states, the judges for those states will decide which court will hear the matter.
Jurisdictional issues will also arise in cases of divorce. Members of the armed forces move frequently and may choose to file for divorce in a new state. Each state has its own jurisdictional requirements that must be met before a court can hear a case. Often, a person must have lived in the state for a certain amount of time. Attorney Richard W. Clark has an in-depth understanding of the jurisdictional laws of Arizona and can help you with these issues in your divorce.
Free Initial Consultations
To discuss your issues with our Arizona military divorce and custody attorney, please call us at 602-639-4545 or toll free at 888-312-3859. For your convenience, we also accept e-mail inquiries.
