Best Military Divorce Lawyers in Washington

About Military Divorce Law in Washington, United States

Military divorce in Washington refers to the dissolution of marriage where one or both spouses are active duty, reserve, or retired members of the United States Armed Forces. These divorces are subject to both state and federal laws, making the legal process more complex than typical civilian divorces. The state of Washington handles the divorce process through its family courts, but additional rules apply when military service members are involved. Issues such as jurisdiction, division of military pensions, child custody during deployment, and the impact of federal laws like the Servicemembers Civil Relief Act (SCRA) make military divorces distinct from standard divorces.

Why You May Need a Lawyer

Military divorces are often more complicated than civilian divorces due to the intersection of state and federal law and the unique circumstances of military life. Some common situations where legal help may be needed include:

• Navigating the division of military pensions and benefits, which are governed by federal law and require careful handling to ensure compliance with the Uniformed Services Former Spouses' Protection Act (USFSPA).
• Resolving child custody and visitation issues, particularly when a parent could be deployed or reassigned to another location.
• Handling service of divorce papers if a spouse is deployed or stationed overseas.
• Calculating child support and spousal maintenance when income includes active duty pay, housing allowances, and other military entitlements.
• Ensuring compliance with the Servicemembers Civil Relief Act, which protects active duty members from default judgements and may temporarily halt divorce proceedings during deployment.
• Addressing residency and jurisdiction questions, as military families often move frequently across state or international borders.

Given these challenges, seeking legal counsel ensures your rights are protected and that all relevant laws are properly applied throughout the process.

Local Laws Overview

In Washington, the process for military divorce is similar to civilian divorce, but with some key differences:

• Residency Requirements: Washington will typically have jurisdiction if the service member or spouse is stationed in the state or claims it as their residence. The military member does not lose or acquire Washington residency solely due to military orders.
• Military Pensions: Federal law, specifically the USFSPA, allows Washington courts to divide military retirement as property, not as income. Courts may divide the disposable retired pay earned during the marriage.
• Servicemembers Civil Relief Act (SCRA): This act can delay divorce proceedings if the service member cannot participate due to active duty obligations.
• Child Custody and Parenting Plans: Washington prioritizes the best interests of the child. Parenting plans may include provisions for deployment and allow for expedited hearings or delegation of visitation rights during deployments.
• Child Support and Spousal Maintenance: Military income, including base pay, Basic Allowance for Housing (BAH), and other entitlements, is used to calculate support obligations.
• Protection Orders: Washington courts can issue emergency protection orders for spouses and children, even if one party is on base or deployed.

It is important to understand how these rules interact with military service and to address specific issues experienced by military families to avoid costly mistakes.

Frequently Asked Questions

What is different about a military divorce compared to a civilian divorce?

While similar in many ways, military divorces involve unique legal issues such as the division of military retirement, application of federal laws like the SCRA, and jurisdiction and residency rules that reflect the mobile nature of military families.

Can I file for divorce in Washington if my spouse is stationed out of state or overseas?

In many cases, you can file for divorce in Washington if you or your spouse has established residency or is stationed in the state. Jurisdiction is a critical issue so consultation with a lawyer is recommended.

How is military retirement pay divided in a divorce in Washington?

Military retirement pay accumulated during the marriage is considered community property and can be divided by the court. The division is governed by both Washington law and federal law under the USFSPA.

What happens if my spouse is deployed when I file for divorce?

Deployment can delay divorce proceedings under the Servicemembers Civil Relief Act to ensure the service member has an opportunity to participate in the case.

How do Washington courts calculate child support for military members?

Washington includes all forms of military pay when calculating child support, such as base pay, Basic Allowance for Housing (BAH), and Basic Allowance for Subsistence (BAS).

Will I lose my TRICARE health insurance after divorce?

Most former spouses lose TRICARE eligibility after divorce, unless they meet certain requirements, such as the 20-20-20 rule (20 years of marriage, 20 years of service, and 20 years of overlap).

Can a parenting plan address future deployments?

Yes, Washington parenting plans can and should include provisions for military service-related absences, including how to handle deployments and changes in visitation schedules.

Do I have to serve divorce papers to my spouse if they are overseas?

Yes, but international service requires following specific legal processes. The assistance of a lawyer is strongly advised to ensure proper service and compliance with international and military rules.

What happens to the military member's benefits in a divorce?

The court may divide certain benefits such as retirement pay, but some benefits, like the right to use military bases or commissaries, have strict eligibility requirements for former spouses.

How does the Servicemembers Civil Relief Act protect military members in divorce?

The SCRA allows for a pause in legal proceedings if a service member’s duties prevent them from actively participating, and it protects them from default judgments during active military service.

Additional Resources

If you are seeking more information or assistance regarding military divorce in Washington, consider these resources:

• Washington State Bar Association: Provides lawyer referral services and general legal resources for family law and military-specific issues.
• JAG Legal Assistance: Every military branch offers Judge Advocate General (JAG) offices that can give free legal information to service members regarding family law and divorce.
• Washington State Department of Veterans Affairs: Offers guidance and referrals for veterans and their families going through legal matters.
• Local Family Court Self-Help Centers: Most county courthouses in Washington provide resources and forms related to divorce, including for military families.
• Washington Courts: The official state court website offers up-to-date forms, instructions, and explanations of the divorce process.

Next Steps

If you are considering a military divorce in Washington or have already started the process, here are practical steps to follow:

• Gather important documents such as marriage certificates, military orders, pay stubs, and information about benefits and pensions.
• Consult a lawyer who has experience handling military divorce cases in Washington. Their expertise will help you navigate the complexities of federal and state laws.
• Contact your local JAG office for general legal information about your rights and responsibilities as a service member or spouse.
• Consider counseling services or support groups designed for military families going through divorce, as this transition can be especially stressful.
• If you have children, focus on crafting a parenting plan that accounts for military obligations and provides stability for your family.
• Stay informed about your rights and obligations, especially relating to service of process, property division, support calculations, and custody arrangements.
• If you are deployed or expect to be deployed, discuss your situation with your attorney as soon as possible to ensure your interests are fully protected throughout the divorce process.

Following these steps will help you make informed decisions and secure the best possible outcome during a challenging time.