Commentary

November 15, 2013

Legal Office here helps untangle Arizona separation, divorce process

When couples tie the knot and say “I do,” most believe they will be together forever.

However, life happens. Sometimes couples realize their union was not meant to be and choose to separate or divorce.

Those with questions about legal separation or divorce can contact the Fort Huachuca Legal Assistance Office, or Legal Assistance. The office is staffed with attorneys and paralegals who can answer questions and assist couples in making parting less painful. This article will address the paperwork process, a couple’s rights and responsibilities during the divorce process, and what parents can expect when it comes to child custody.

Maricopa County has made its Family law forms available online. These include divorce, separation, child custody and child support petitions. Those who need any of these forms should visit the Maricopa County Superior Court website at http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/. People can download the forms in Microsoft Word®.

In Cochise County, the courts instruct parties to download these Maricopa County forms and simply change “Maricopa” to “Cochise.” Those who are unsure or have questions as they fill out the paperwork are invited to take advantage of the Legal Assistance Office walk-in hours to speak with an attorney.

There are some initial requirements couples have to meet before filing for divorce in Arizona. First, the couple has to have lived in the state for at least 90 days. Second, for those with minor children, Arizona only has jurisdiction to decide custody if the children have lived here with at least one parent for the past six months. But even for those who do not yet qualify to file in Arizona, it may be worth the time to sit down with an attorney to get advice about their particular situation.

One of the most frequent questions Soldiers and dependents have during the divorce process is what support a spouse is entitled to receive during and after the divorce.

During the divorce process, Army Regulation 608-99 outlines Family support, child custody and paternity. This regulation only applies when there is not a court order or a written financial support agreement between the parties.

Under AR 608-99, a Soldier is responsible to provide his or her Family with support equal to the amount of BAH II non-locality pay that corresponds to the Soldier’s rank. For example, an E-3 owes $681.00 a month, an E-5 owes $842.70 and an O-2 owes $984.30. AR 608-99 contains important exceptions to the general rule. For example, when the Family is living in government housing or when both parties are serving on active duty, the monthly support obligation does not apply.

When the court enters the final divorce order, that decree will divide debts, assets and parenting time. If the parties cannot agree on custody, the judge will use Arizona Revised Statute 25-403 to determine who can make legal decisions and how to divide parenting time according to what the court determines is in the best interest of the child.

The court has to consider anything that is relevant to the child’s physical and emotional well-being. This includes: the past, present and potential future relationship between the parent and the child; the interaction and interrelationship of the child with the child’s parent or parents, siblings and any other person who may significantly affect the child’s best interest; how well the child can adjust to home, school and community; what the child wants, provided the child is of suitable age and maturity; the mental and physical health of the individuals involved; and which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent.

For additional information about Family law questions, visit the Fort Huachuca Legal Assistance Office. To reach someone by phone, call 533.2009.




All of this week's top headlines to your email every Friday.


 
 

 

Army Volunteer Corps shares philosophy on volunteerism

Special to The Scout Volunteering is a defining part of the American experience. From the Minutemen at Lexington to today’s all volunteer force, the Army relies on the fundamental connection between volunteerism and citizenship. The strength of the Army lies in its Soldiers, and the strength of Army communities lies in the talents and contributions...
 
 

APRIL IS ALCOHOL AWARENESS MONTH 2015 Fort Huachuca Safe and Sober

Alcohol is the most commonly used addictive substance in the United States. Alcohol is a primary factor in the four leading causes of death for young people 10 – 21. More than seven million children live in a household where at least one parent is dependent on or has abused alcohol. Alcohol was involved in...
 
 

Month of Military Child recognizes young family members for service

WASHINGTON – To highlight the year-round contributions, courage and patriotism of the military community’s youngest members, the Defense Department observes April as the Month of the Military Child, a Pentagon official told DOD News. Established by then-Defense Secretary Caspar Weinberger in 1986, the month recognizes some 1.9 million U.S. military children ranging in age from...
 

 

April 2015 Month of the Military Child Proclamation

Whereas, since 1986, Army installations around the world recognize the sacrifices and applaud the courage of military children by celebrating the Month of the Military Child throughout the month of April; and Whereas, each day, military children undergo unique challenges, which they face with resilience and dignity beyond their years, and Whereas, it is essential...
 
 

Presidential Proclamation — Women’s History Month WOMEN’S HISTORY MONTH, 2015 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION Throughout history, extraordinary women have fought tirelessly to broaden our democracy’s reach and help perfect our Union. Through protest and activism, generations of women have appealed to the values at the heart of our Nation and fought to give meaning to the idea that we are all created equal. As today’s women and...
 
 

Getting, keeping good credit important in financial life

Good credit plays an important part in a person’s financial life. Not only is it essential for obvious things like qualifying for a loan or getting a credit card, but also for less obvious things like getting cellular phone service, renting a car and perhaps even getting a job. A strong credit history, reflected in...
 




0 Comments


Be the first to comment!


Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>


Directory powered by Business Directory Plugin