Arizona's Service Members in Family Law Litigation
Although appearing in the statutory section regarding modifying custodial provisions (now called “legal decision-making” and “parenting time”), the legislature has thought about Arizona's service members in divorce and paternity cases and modification proceedings that involve children.
Upon entering of a marital dissolution decree, the judge in an Arizona divorce action will make a finding that the division of the marital property is “equitable.” If the divorce enters with a spousal maintenance award, then upon a later substantial and continuing changes of circumstance, that spousal maintenance award might be able to be modified. In both regards,
1. Consider any federal disability benefits awarded to a veteran for service-connected disabilities pursuant to 38 United States Code chapter 11.
2. Indemnify the veteran's spouse or former spouse for any prejudgment or post judgment waiver or reduction in military retirement or retainer pay related to receipt of the disability benefits.
3. Award any other income or property of the veteran to the veteran's spouse or former spouse for any prejudgment or post judgment waiver or reduction in military retirement or retainer pay related to receipt of the disability benefits.
Seek Counsel When IndicatedThe above provisions are available protections that may be invoked by you in a divorce, paternity, child custodial, or post-decree case. The provisions are not automatically known to the Court nor advocated. Some attorneys offer limited scope of representation sessions, commonly known as “advice and counsel” or “work” sessions which may assist you to know how to raise these statutory protections even if you proceed pro se or pro per (without an attorney) or otherwise.