Military Divorce Attorney In Mesa, AZ
Going through a divorce while serving in the 0military or being married to a service member during a divorce can add unique legal challenges. Issues like deployments and military benefits can complicate the divorce process. A Mesa military divorce lawyer can explain how military divorce cases work and what implications military divorce laws may have on your case.
Trusted Family Law Services for Members of the Armed Forces in Mesa
At Ellsworth Family Law, P.C., we understand how important it is to have a Mesa military divorce attorney you can trust. Our boutique family law firm has served the city of Mesa and surrounding communities for over 20 years. We take a client-focused approach that prioritizes our clients’ interests at all times.
What sets our industry-leading law firm apart is our dedication to excellence, as exemplified by our Certified Family Law Specialists and two Legal Paraprofessionals. Whether your case requires focused negotiations or strategic litigation, we have the experience and resources to pursue a favorable resolution that protects your rights and secures your long-term financial stability.
Understanding Military Divorce Stats in Arizona
Military divorces come with unique legal challenges, especially for families based in Arizona. With approximately 20,000 active-duty service members and 16,000 National Guard and reserve personnel stationed throughout the state, military life often intersects with family court matters. In Mesa communities like Eastmark, where many military families live, deployments, relocations, and federal protections can complicate divorce proceedings.
Nationwide, female service members face a divorce rate of around 6.5%, which is significantly higher than the 2.5% observed among male personnel. These numbers exceed Arizona’s general divorce rate, which was 2.3 divorces per 1,000 residents in 2022, according to CDC data.
What Makes Military Divorces Different?
Military divorces differ from civilian divorces in several important ways, particularly when it comes to jurisdiction, timing, and the division of military benefits. Service members may be stationed in different states or overseas, which can complicate where and how a divorce is filed. The Servicemembers Civil Relief Act (SCRA) may allow active-duty military personnel to delay proceedings while on deployment, affecting the timeline of the case.
Dividing military retirement benefits also presents unique challenges. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how these benefits are treated and whether a spouse is entitled to a portion of them. In addition, military divorces often involve issues like base privileges, healthcare access, and housing allowances. Child custody can also be more complex due to relocation or deployment.
Why You Should Hire a Military Divorce Lawyer
Whether you are serving in the military or are divorcing a spouse who is, the decision to hire a military divorce lawyer can play a critical role in protecting your rights and ensuring a fair outcome for your case.
Military divorces often involve unique challenges, such as the division of military pensions, Thrift Savings Plans, and VA disability benefits. Service members may also face issues related to custody, relocation, and deployment schedules.
A military divorce lawyer understands the specific laws and protections, including the Servicemembers Civil Relief Act (SCRA), that may apply in your case. They can help navigate both state divorce laws and federal military regulations to ensure compliance with all requirements.
From addressing jurisdictional questions to calculating benefits accurately and preparing documents, having an attorney who is familiar with military family law is essential to avoiding costly mistakes and ensuring your interests are fully represented in court.
FAQs
Q: How Is a Military Divorce Different from a Civilian Divorce?
A: Military divorces and civilian divorces differ in many ways. Military divorces follow Arizona law for family matters, but also involve federal rules like the Servicemembers Civil Relief Act and the Uniformed Services Former Spouses’ Protection Act. Issues such as deployment, military pensions, and TRICARE benefits require special handling. A service member’s military status can complicate deadlines, affect how documents are served, and impact how retirement pay is divided during a divorce.
Q: Can a Service Member Delay Divorce Proceedings While Deployed?
A: Yes, under the Servicemembers Civil Relief Act, active-duty military members can request a stay to delay court proceedings while deployed or unable to appear. Arizona courts generally grant these delays to protect the service member’s rights. Once the deployment ends, the divorce process resumes, and the service member can respond and participate in all required hearings and filings.
Q: How Are Military Pensions Divided in Arizona Divorces?
A: Military pensions are considered community property in Arizona if they are earned during the marriage. Under the Uniformed Services Former Spouses’ Protection Act, the court can divide military retirement benefits in a divorce. A spouse must have been married to the service member for at least 10 years during military service to receive direct payments from the Defense Finance and Accounting Service.
Q: Will Military Benefits Continue After the Divorce?
A: Some military benefits may continue after divorce, depending on the length of the marriage and overlap with military service. Former spouses may qualify for continued TRICARE and base privileges under the 20/20/20 or 20/20/15 rules. Arizona courts do not control military benefit eligibility, so it is important to understand federal rules when negotiating divorce terms involving health care or other benefits.
Q: What Happens If the Military Spouse Is Stationed in a Different State or Country?
A: When one spouse is stationed out of state or overseas, jurisdiction becomes a key concern. Arizona requires at least one spouse to be a resident for 90 days to file. A military divorce lawyer can help determine the appropriate jurisdiction and ensure the case is filed in the correct court.
Navigate the Complexities of Military Divorce. Call Ellsworth Family Law, P.C., Today
Military divorces involve more than just an understanding of Arizona family law. They require a deep understanding of federal protections, deployment-related delays, and the division of military pensions and benefits, among other military-related complexities. Whether you’re a service member or a military spouse, you need guidance that accounts for both state and military-specific rules.
Ellsworth Family Law, P.C., offers experienced support tailored to the unique demands of military divorce. Our team includes Legal Paraprofessionals licensed by the Arizona Bar who give our clients flexibility in how their cases are handled. Contact us today to schedule a consultation and take the next step with confidence.
