Mesa Military Divorce Attorneys

Over 10 Years of Guiding Service Members Through Divorce

Divorce, especially in a military context, is never easy. However, by working together, we aim to make the process as smooth as possible while striving to secure a solution that works for you now and in the future.

Whether you are active duty, a veteran, or the spouse of a service member, our firm offers tailored family law services built around your needs. From filing and mediation to custody matters and property division, our goal is to address your unique concerns while providing the understanding and support you deserve during this difficult time.

Get clarity and legal support for your military divorce. Contact us online or by phone 24/7 to book your free consultation.

Comprehensive Legal Support for Military Personnel & Individuals with Military Spouses

Military divorce often requires navigating a complex relationship between Arizona family law and federal statutes. Our law firm provides comprehensive services to address the unique elements of military divorce:

• Filing for Divorce. Whether you’re stationed at Luke Air Force Base, reside in Mesa, or are temporarily deployed, we can assist with understanding jurisdiction and filing requirements.
• Mediation Services. Mediation provides a collaborative way to resolve disputes about parenting plans, child support, and property division without the need for courtroom litigation.
• Litigation for Contested Cases. When disputes cannot be resolved through mediation, we are prepared to handle litigation. Issues like custody agreements for service members facing deployment or disputes over military pensions often require thorough and informed courtroom representation.
• Virtual & Flexible Consultation Options. Understanding the demanding schedules of service members, we offer virtual consultations to ensure accessibility no matter where you are stationed. Whether deployed overseas or at Luke Air Force Base, you can connect with us easily.

Why Choose Edwards & Petersen | PLC as Your Legal Advocate During Your Military Divorce

Selecting the right legal partner during a divorce is a critical decision. Here’s what sets us apart:

1. Dedicated Focus on Family Law. Unlike generalist law practices, we exclusively handle family law cases, enabling us to offer in-depth knowledge and tailored solutions for military divorces.
2. Affordability & Accessibility. We offer a 25% discount to military personnel, first responders, and teachers. Additionally, we provide free initial consultations to make our services accessible to those who need them.
3. Around-the-Clock Support. Whether it’s a crisis or a pressing question, our team is available 24/7 to assist. You’ll never be left without guidance when you need it most.
4. Team-Based Approach. When you hire our firm, you gain access to a team of legal professionals. We work together to develop creative legal solutions that address the complexities of your military divorce.
5. Deep Respect for Client Relationships. We approach every case with the understanding that you are not just our client but someone we advocate for as though you were family. Your goals, concerns, and well-being remain at the forefront of everything we do.

With roots in Arizona since 2013, we have built strong connections in Mesa, Glendale, and neighboring areas. Working with military families is not just a professional service for us; it’s a way to give back to those who sacrifice so much for their community and country.

Key Issues Our Mesa & Glendale Military Divorce Lawyers Help Address

Military divorces involve additional legal and logistical complications that don’t typically arise in civilian cases. We help smooth the process by navigating the following critical areas:

• Servicemembers Civil Relief Act (SCRA). Active duty service members are protected under the SCRA, which enables them to request a stay or delay of legal proceedings if their military duties prevent them from participating in the case. This ensures fair treatment for service members who cannot appear in court due to deployment or other obligations.
• Division of Military Benefits. Military pensions, healthcare benefits, and survivor benefits can form a significant part of the divorce settlement. Federal laws like the Uniformed Services Former Spouses Protection Act (USFSPA) govern how these assets are divided. Our lawyers ensure compliance with regulations and fair treatment during negotiations.
• 20/20/20 & 10/10 Rules. Military spouses may qualify for continued benefits if the marriage lasted 20 years, during which the military spouse served for at least 20 years. Even if these criteria are not met, entitlements like partial benefits or pensions may still apply. We provide clear guidance on eligibility under these rules.
• Child Custody & Deployment. Parenting plans must account for military schedules, including deployments or relocations. We assist in creating structured, flexible custody arrangements that consider the child’s best interests and both parents’ capacities.
• Community Property Laws in Arizona. Arizona is a community property state, which means that marital assets and debts are divided equally. Whether it’s a VA loan-covered home in Glendale, savings accumulated during marriage, or military retirement pay, we help ensure fair division of assets.
• Support Orders. Alimony calculations for military families require consideration of military pay structures, including basic pay and allowances like BAH (Basic Allowance for Housing) and BAS (Basic Allowance for Subsistence).

What to Expect During a Military Divorce in Arizona

Most service members and spouses are unfamiliar with how military divorce proceedings unfold. Here’s a step-by-step breakdown of what you can expect:

1. Determine Jurisdiction. The first step is identifying where the divorce will be filed. This could be in Arizona (if either party qualifies under the 90-day residency requirement), the service member’s state of legal residence, or the civilian spouse’s state of residency.
2. File Divorce Papers. The spouse filing for divorce submits a Petition for Dissolution of Marriage to the court.
3. Serve the Other Party. The non-filing spouse must receive the divorce documents, either in person, by mail, using a process server, or through court-permitted alternative methods.
4. Response.  The served spouse has 20 days to respond (or 30 days if served outside Arizona).
5. Waiting Period. A cooling-off period of 60 days follows the filing. During this time, both spouses may work on mediation or legal strategies.
6. Temporary Orders & Mediation. Temporary orders regarding custody, support, and other matters may be issued. If possible, disputes are resolved through mediation.
7. Finalize the Divorce. If agreements are reached, a consent decree is signed by the judge. If disagreements remain, the case proceeds to court for resolution.

Each phase of the divorce process requires informed legal guidance. By partnering with our law firm, you’ll be better prepared for these steps.

Frequently Asked Questions

How does deployment impact custody arrangements?

Arizona courts aim to prioritize co-parenting, even for military families. Flexible parenting plans, temporary adjustments during deployments, and communication tools (such as virtual visitation) can help maintain parent-child relationships.

What happens to a VA loan in a divorce? 

If a home purchased with a VA loan is sold, the loan may be affected. If the spouse chooses to retain the home, they may need to refinance. Each case is unique, and our military divorce attorney can clarify your options.

Can I request alimony if my spouse is in the military?

Yes, spousal maintenance is awarded based on Arizona state law, which considers income disparity, contributions to the marriage, and several other factors. Military pay and allowances will be accounted for in calculations.

What is the maximum amount of support orders against military pay? 

Federal regulations cap garnishment of service members’ pay at 50%-60% of disposable income, depending on the circumstances.

How is a military pension divided if the 10/10 rule isn’t met?

Even without meeting the 10/10 rule, a military pension is still considered community property in Arizona. The non-military spouse can receive payments directly from the service member, rather than through Defense Finance and Accounting Services (DFAS).

Can divorce proceedings happen if the service member requests a stay under the SCRA? 

The SCRA allows active duty service members to temporarily delay proceedings. However, this does not permanently halt the process, and it typically resumes once the member is available.

If you are facing a military divorce, contact us today to schedule your free consultation. Together, we’ll work toward a resolution that safeguards your future.