Military divorce requires special considerations when preparing parenting plans.
Grounds for divorce are the same for both military and non-military families in Arizona. However, unique considerations often must be addressed for military parents.
Unexpected deployments and long-distance moves can really throw a curveball into military families with existing parenting time orders. Those who serve our country deserve special considerations, and Arizona laws ensure that unexpected deployments will not result in lost parenting rights. The law also prohibits modifications simply because a military parent may possibly be deployed at some future point.
According to ARS 25-411, a legal-decision-making order or parenting time order cannot be modified for one year unless it meets certain requirements, such as being a military parent in need of a legal decision-making or parenting time modification.
In the case of deployment, a military parent can:
- Receive expedited modification considerations
- Share evidence or testimony electronically
- Have parenting time during deployment transferred to another family member
- Create a specific plan, allowing the deploying parent to return to the previous parenting plan when a deployment ends.
An experienced attorney is a crucial partner whenever a parent is seeking to modify legal decision-making or parenting time. While it’s important for both parties to work together as much as possible, an experienced attorney can tell you what your rights are according to the law and can help you formulate a military parenting plan that addresses any possible outcomes.
There are many more issues to consider when seeking a divorce in a military family. Which state should you file in? How can you serve a spouse deployed outside the country? Will a military pension be divided in a divorce? What about child support? Regina can walk you through these issues and more. Call for a consultation today. For more information, call: 602-942-6200.
Pangerl Law Firm P.L.L.C. focuses on divorce, child custody, mother’s and father’s rights, child support, and all other areas of family law, as well as personal injury claims. Our office is located in Deer Valley and serves the greater Phoenix area, including the communities of Scottsdale, Peoria, Glendale, Cave Creek, Avondale, Goodyear, Surprise, Mesa, Tempe, Anthem, New River, North Phoenix and Phoenix.