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Military Divorce & Property Division

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Tucson Military Divorce Lawyer

Divorce is always handled by state civil courts, even when the divorce involves one or more military members. 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 Southern Arizona 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 Montoya today.

Arizona Military Retirement Division Attorney

If you have been married for more than 10 years, 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 the nonmilitary spouse or spouse that is a member of the military, it is crucial that you work with an attorney who has familiarity with these specific statutes and how they interplay with general Arizona divorce statutes. Mr. Montoya can also assist with military divorce involving considerations of child custody and support.

Pima County Property Division Law Firm

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.