Unfortunately, a military divorce can be incredibly contentious. If you have children, your actions during your divorce proceedings could affect them for years.
Talk with a military divorce lawyer in Bellevue as you go through this challenging process. Your attorney can advise you every step of the way.
The team at Dellino Family Law has more than 180 years of combined experience. We can connect you with a Bellevue divorce lawyer who will prioritize your legal matters.
Our attorney can guide you through the military divorce process and protect the legal rights and best interests of you and your kids. To learn more, schedule a case consultation with us.
Why You Should Get Legal Help with Your Military Divorce Case in Bellevue
Think twice before you proceed with a military divorce alone. Even if you and your spouse are on good terms currently, things can escalate quickly between the two of you.
If you face intense pressure from your spouse, you risk making rash decisions that can disrupt your relationships with your children and put you in a bind financially.
Have a military divorce attorney in Bellevue serve as your legal advocate and representative. Your lawyer can explain the military divorce process and answer any questions you have about it. As this process moves forward, they can help you make informed decisions consistently.
As you search for a Bellevue family lawyer with military divorce case experience, consider what Dellino Family Law offers. Our goal is to build lasting relationships with our clients. We are available to help you with your military divorce case and even after it is over. For more information, request a case consultation with us.
How a Military Divorce Is Different from a Standard One
If you or your spouse is a service member, you may face unique roadblocks if you file for a military divorce. Your Bellevue military divorce lawyer can resolve any legal issues that come up during your case.
They want you to account for various factors relative to your divorce, including:
Child Custody
You want your kids to have healthy, positive, and meaningful relationships with both of their parents. Yet, this can be difficult if you or your spouse has been deployed.
A child custody plan may include a clause for deployment. With this clause, virtual visitation and makeup time may be available to a service member after a divorce.
Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act provides financial and legal protections to active-duty service members. In a divorce, it may allow an active-duty or deployed service member to request a “stay” in their legal proceedings that lasts for the duration of their duty plus 60 days. The stay can protect this individual against a default judgment.
Uniformed Services Former Spouses Protection Act (USFSPA)
In accordance with the Uniformed Services Former Spouses Protection Act, a service member’s military retirement pay may be divided with their spouse in a divorce.
Generally, a former spouse of a service member may receive direct payment from the government if their marriage overlapped with 10 or more years of military service.
Your family attorney can provide insights into these and other legal topics that may apply to your military divorce case. If you are ready to file for divorce, your attorney can help you initiate this process and avoid mistakes along the way.
How to File for a Military Divorce
To begin the process for a military divorce in Washington State, you or your spouse is required to be a resident. However, there is no time limit for a service member or their spouse to have been a Washington resident prior to filing for divorce. This means you or your spouse may be relatively new to Washington and still be able to start the military divorce process.
Washington is a no-fault state for military and standard divorces. Because of this, to get a divorce in Washington, a spouse may have to declare that their marriage is “irretrievably broken.” Beyond this, a spouse can file a Petition for Dissolution of Marriage with the Superior Court of the county where they or their partner resides.
After the divorce paperwork is filed, the spouse may be served papers relating to the legal matters. They may have 20 days to respond to divorce papers if they live in Washington or 60 days if they reside outside the state. If a divorce is uncontested, it may be finalized after the mandatory 90-day waiting period from the date of service.
How Assets Can Be Divided in a Military Divorce
Washington is considered a community property state. The state defines community property in alignment with the Revised Code of Washington (RCW) 26.16.030.
With a military or standard divorce, assets and debts between the parties involved may be divided in a “just and equitable” manner. Yet, this does not guarantee that there will be a 50/50 split of assets and debts.
Your divorce attorney can give you information about how a military pension, real estate, and other community property may be divided in your case.
They may also assess your separate property, which can consist of anything you owned before your marriage or that was acquired via gift or inheritance. You may not have to split your separate property with your spouse.
It is easy to sacrifice major assets if you want to be done with your military divorce. Thankfully, you have access to a divorce lawyer who wants you to make the next step in your life memorable. Your attorney can negotiate divorce terms that line up with your expectations and will not force you to stretch yourself thin financially.
We Give You the Peace of Mind That Your Legal Matters Are Handled with Care and Compassion
To the team at Dellino Family Law, you are more than a name — you are a person.
We encourage you to meet with a Bellevue military divorce attorney who will take the time to get to know you and can provide you with personalized legal advice. Contact us today to get started.