Military Divorce

Divorces can be complicated matters, but those involving service members come with additional rules and requirements to accommodate the unique lifestyles of military families. Arizona features 22 military facilities staffed by thousands of personnel who often bring their families from elsewhere to live on or near the base.

The Law Firm of M. Paul Fischer, P.C., is proud to work with our military families in their time of need. Our attorneys and staff understand the unique issues facing these families, including deployment, transfers out of state, and access to and division of military benefits. We help families meet and overcome these challenges so that parents can move onto the next phase of their lives while still being actively involved in raising their children.

Important Issues To Consider In Military Divorces

There are several legal issues unique to military divorce. These include:

  • The Servicemembers Civil Relief Act (SCRA): Members of the military get 60 extra days to address or respond to divorce proceedings. This applies if they are on active duty, following active duty or their duty in some way prevents them from responding to the divorce filing.
  • Residency: You or a spouse must live or be stationed in Arizona to file for divorce here.
  • Spousal maintenance and child support: It may not exceed 60 percent of allowances and pay.
  • Voluntary or involuntary allotment: Support can include garnished wages, a court order and even life insurance policies to cover alimony or child support.
  • The Uniformed Services Former Spouses' Protection Act (USFSPA): This act governs how military retirement benefits are calculated and divided upon divorce. Regardless of the length of marriage, the courts may still authorize payments to a spouse.

Contact Us To Discuss Your Military Divorce Needs

To speak with a lawyer at our office in Mesa, call 480-582-0043. We also respond promptly to those who fill out their information on our Contact page. Initial consultations are free.