How long does a military divorce take? While it can take at least 90 days, the time to resolve a military divorce depends on several factors. This can include a variety of factors, such as a servicemember’s deployment, place of residence, and military benefit requirements.
Each case is very different, so it’s important to consult with a divorce lawyer in Seattle to determine your timeline.
General Factors That Commonly Impact the Divorce Timeline in Washington
As with any divorce, there are general factors that can affect how long it takes to finalize. The complexity of your situation is a common element that can affect the overall timeline.
If you and your spouse have a significant amount of assets to divide, especially non-liquid financial assets, it can take longer. Unique situations can also add to the complexity of a divorce.
Couples must also make many decisions together, and their ability to work together can significantly affect the divorce timeline. Unfortunately, when spouses are deciding who gets what after a divorce, disputes may arise. The more contentious a divorce is, the longer it will take. Division of assets, custody, child support, and alimony are some disagreements that can drag out divorce proceedings.
Child custody and child support decisions are often time-consuming, which can extend the minimum amount of time the divorce process takes.
Parents must create parenting plans that outline each parent’s responsibilities and rights. This process is also a source of contention in most divorces, further lengthening the divorce. Lawyers can provide guidance to help reduce these factors.
Active Duty or Deployed Servicemembers May Request a Delay in Divorce Proceedings Under Federal Legislation
In addition to the factors above, a spouse’s military service can introduce additional considerations and delays. One example of this is a spouse’s military status when filing for divorce. If they are on active duty status or are deployed, they may be able to request a delay in proceedings under the Servicemembers Civil Relief Act (SCRA). This is designed to protect their rights if they are unable to respond or participate.
Under this act, servicemembers may be able to postpone divorce proceedings for at least 90 days. This is used when a spouse is unable to respond to divorce papers or can’t be there to contest the initiated divorce petition.
The postponement protects the servicemember from receiving a default judgment in their divorce proceedings. Uncontested divorces may proceed by waiving SCRA rights.
Because of these delays, it can increase how long a military divorce takes to resolve. The timeline can vary considerably depending on the couple’s situation.
Divorces involving deployed individuals are likely to be subject to even longer divorce proceedings. From start to finish, some military divorces may take a year or more rather than a few months. A lawyer often sheds light on what to expect in these situations.
Military Divorce Proceedings in Washington are Affected by a Couple’s Place of Residence
When you’re wondering about filing for divorce in Washington state and how long a military divorce takes, it’s important to consider where you live.
Generally, couples must establish residency in a state by living there for a certain period of time before they can file for divorce. Once residency is established, that state has jurisdiction over divorce proceedings. This dictates what laws and requirements apply.
For military families, this can present several challenges. Families who move frequently may have to wait to establish residency before they can file. Individuals who live in one state and are stationed in another must determine which state to file for divorce in; that state will have jurisdiction. Finally, if spouses live in different states or overseas, jurisdiction can be complex.
Each of these situations can significantly affect the timeline of your divorce, as well as your rights, obligations, and potential outcome.
An experienced lawyer can help you and your spouse assess your situation to determine how to move forward and minimize delays when residency and jurisdiction are in question for your divorce. They’ll also help streamline the process, reducing the overall time.
Navigating Military Benefits During a Divorce Can Cause Complications and Delays in Washington
Military members generally receive a variety of special benefits for their service, many of which extend to their spouses and immediate family members. Financial resources, housing, healthcare, and more are among the added benefits of military service. However, these benefits can add a layer of complexity to divorce proceedings when spouses must determine how to divide their assets.
Many military benefits have specific requirements and allowances that dictate what a military spouse is entitled to receive during marriage and in divorce.
The extent of the benefits a spouse may receive can also be affected by how long the couple has been married. Understanding these factors is essential during a divorce to ensure stipulations are met and civilian spouses secure applicable benefits.
Navigating military benefits during a divorce and observing waiting times can significantly draw out the divorce process. Lawyers can provide valuable clarity and counsel to help you and your spouse resolve these complications swiftly with favorable results for both of you.
This is one of the many reasons why you should consult a divorce lawyer in Seattle at the outset of your military divorce in Washington.
Consult an Experienced Attorney from Dellino Family Law About the Timeline for Your Military Divorce
Dellino Family Law works diligently to help you resolve your military divorce as swiftly as possible. We look out for your best interests to ensure you receive fair treatment and help you avoid delays.
Our team can also help you navigate obstacles and disputes to reach the most favorable outcome possible. Start by scheduling a consultation with our team of skilled attorneys today.
