Best Military Divorce Lawyers in Washington

About Military Divorce Law in Washington, United States

Military divorce in Washington, United States, entails a unique set of considerations compared to civilian divorces. This is due to various specific rules that govern military personnel, such as federal laws like the Uniformed Services Former Spouses' Protection Act (USFSPA) and state regulations. These laws address issues unique to military families, such as the division of military benefits, custody issues when a parent is deployed, and the calculation and enforcement of child and spousal support.

Why You May Need a Lawyer

Military divorces can be exceptionally complex due to the interplay between military and state laws. Here are some common scenarios where legal assistance is highly recommended:

• Division of Military Pensions: Understanding how military pensions are divided under the USFSPA and state regulations.
• Custody and Visitation: Navigating custody issues, particularly around deployment or relocation.
• Child and Spousal Support: Calculating and enforcing support obligations when one spouse has variable military income.
• Legal Protections: Taking advantage of protections under the Servicemembers Civil Relief Act (SCRA) which can affect divorce proceedings.
• Jurisdiction Issues: Determining the proper jurisdiction for filing the divorce, especially when spouses live in different states or countries.

Local Laws Overview

Washington State has specific laws and statutes that can significantly impact a military divorce. Key aspects include:

• Jurisdiction: Washington has particular rules about residency and jurisdiction that determine where a military member or their spouse can file for divorce.
• Property Division: Washington is a community property state, which means that all assets and debts acquired during the marriage are generally split 50/50, which includes military benefits and pensions.
• Child Custody and Support: Washington courts prioritize the child's best interests, which can be complex when a parent is deployed or frequently relocates.
• Spousal Support (Alimony): The courts consider various factors, including the length of the marriage and the financial situation of both spouses. Military allowances and benefits are also considered.

Frequently Asked Questions

1. Can a military member file for divorce while deployed?

Yes, a military member can file for divorce while deployed, but it can complicate proceedings due to the logistics and legal protections under the SCRA that delay certain legal actions.

2. How is military retirement pay divided in a divorce?

Military retirement pay is considered marital property and can be divided under the USFSPA and state community property laws. The specific division depends on the length of the marriage and the duration of military service overlapping with the marriage.

3. What is the Servicemembers Civil Relief Act (SCRA)?

The SCRA provides protections for active-duty military members, including postponing civil judicial proceedings and protecting them from default judgments, which can impact divorce timelines and proceedings.

4. How does deployment affect child custody arrangements?

Deployment can significantly impact custody arrangements. Courts may modify custody and visitation schedules to accommodate the deployed parent's schedule and ensure the child's best interests.

5. Are military benefits considered in child and spousal support calculations?

Yes, all forms of military pay, including base pay, allowances, and other benefits, are considered when calculating child and spousal support.

6. Can spouses remain in military housing during a divorce?

Generally, the non-military spouse will have to vacate military housing within 30 days of the service member filing for divorce, but specific policies can vary by installation.

7. What if both spouses are in the military?

If both spouses are service members, they must navigate dual-military regulations, which can complicate issues like housing, benefits, and child custody.

8. How is jurisdiction determined in a military divorce?

Jurisdiction can depend on the service member’s state of legal residence, the spouse's residence, or where the service member is stationed, subject to both state and federal laws.

9. Can a military spouse receive a portion of VA disability benefits?

No, VA disability benefits are not divisible as marital property. However, they can be considered as income for calculating support obligations.

10. How does a military divorce affect healthcare benefits?

TRICARE coverage for the non-military spouse depends on the length of the marriage and military service, and whether the divorce meets the 20/20/20 or 20/20/15 rules for continued eligibility.

Additional Resources

Here are some additional resources that can provide valuable help:

• Washington State Bar Association (WSBA): Offers a range of resources and lawyer referral services.
• Military OneSource: Provides information, support, and services for military families.
• Uniformed Services Former Spouses' Protection Act (USFSPA): The federal law governing the division of military benefits.
• TRICARE: Information on military health benefits.
• Legal Assistance Offices: Available on military installations for free legal help.

Next Steps

If you need legal assistance with a military divorce, follow these steps:

• Consult with a lawyer who has experience in military divorce laws in Washington.
• Gather all relevant documents, including military service records, financial information, and any existing court orders.
• Contact your local Legal Assistance Office for guidance and help.
• Consider mediation or collaborative divorce as alternative dispute resolution methods.
• Stay informed and proactive in understanding both your rights and responsibilities through the process.