Military Divorce & Property Division Attorney
Tucson Military Divorce Lawyer
Divorce is always handled by state civil courts, even when the divorce involves one or more military member. Yet there are also specific statutes applicable to the division of military benefits and pensions when dissolving marriages in which one or both spouses are military members.
At the Law Office of Hector A. Montoya, P.L.L.C., we represent either the civilian spouse of a military member or the military member themselves throughout the Tucson area and Pima County in the proper division of military retirement benefits as marital property.
Contact our Tucson military divorce attorney in Tucson, Arizona, to schedule an initial consultation with Hector A. Montoya today.
Retirement and Pension
The nonmilitary spouse is entitled to some portion of military pensions and retirement benefits — they are considered “community property” under Arizona law. Pensions are governed by A.R.S. §25-318.01, which details how a military pension vests and is divided.
If the military spouse is stationed overseas, other specific laws may be applicable, including The Hague Convention Treaty (governing process service abroad) and Form USM-94 (governing request for service abroad of judicial or extrajudicial documents by the U.S. Marshals). In that case, other considerations must be taken into account in dividing property, such as the COLA (Cost of Living Adjustment for personnel stationed in a foreign country based on the exchange rate at the time of payment) to your BAS/BAH (housing and sustenance allowances).
Whether you are a nonmilitary spouse or a spouse who is a member of the military, it is crucial that you work with an attorney who is familiar with these specific statutes and how they interplay with general Arizona divorce statutes. Mr. Montoya can also assist with military divorce involving considerations of legal decision-making and parenting time.
The Help You Need From a Pima County Military Divorce Lawyer
Complex marital estates as part of an overseas divorce may also involve assets in different countries. A spouse may reside in a different country and needs to be served. Children who are foreign-born have been removed from the United States by one of their parents. Military personnel deployed overseas need help with divorce actions and modifications that take place in the United States.
Pima County Military Divorce Law Firm and Representation
Call our Tucson, Arizona, law offices to schedule an initial consultation, or contact our Arizona military retirement division lawyer online by completing our brief intake/e-mail form.