questions & answers

Question: I am deploying to go to afghanistan. I want to file for divorce but am concerned that may not go in my favor at this time. Can my spouse file for a divorce legally? I am leaving in july. How long does a divorce take , can it be finalized w/o me being present? If we have our own vehicles, both names r on each, could it possibly be divided where I keep my truck? Thank u

Answer:

Please see our articles on divorce, including Divorce in Arizona, Self Service Guide for Divorce Cases, and Things You Should Know about Divorce in Arizona. These articles will provide information on starting a divorce in Arizona. Keep in mind, one cannot request a divorce until s/he has established domicile in Arizona for at least 90 days. In Arizona, both spouses do not need to agree to the divorce. Additionally, Arizona does not require that one of the spouses prove blame or responsibility in order to end the marriage. Under Arizona law, the only question for the court is whether the marriage is "irretrievably broken," meaning that there is no reasonable chance that the spouses want to keep the marriage together.

An exception exists if you have a covenant marriage (see Covenant Marriage). Under state law the court cannot grant a divorce for a covenant marriage unless certain things such as adultery, abandonment, physical abuse or regular substance abuse are proven or unless both spouses agree that the marriage should end."

In addition to reading the above articles, **you should contact your unit or installation legal assistance office.** Should your wife file for divorce while you are deployed, the Soldiers' and Sailors' Civil Relief Act (SSCRA) provides for a delay in civil proceedings if an active duty soldier is not able to properly represent himself/herself because of his or her service (i.e. being stationed abroad). I don’t know what you meant when you stated you were concerned things may not go in your favor at this time. An attorney may be able to help you determine if the SSCRA applies in your case. You may also want to visit the U.S. Armed Forces Legal Assistance website for more information.

As for your cars, the above articles will explain the presumption of community property in Arizona and equitable division.