Getting divorced is hard, but filing for divorce while a spouse is on active duty presents some unique challenges. To understand how to proceed, it’s in your best interests to talk with a knowledgeable military divorce lawyer in Seattle.
They can answer your questions and work with your spouse to reach agreements on essential matters, including asset division and child custody, if applicable.
Dellino Family Law has more than 180 years of combined experience helping couples navigate divorce proceedings when a spouse is in the military.
A Seattle divorce lawyer guides you through the nuances of this unique process and protects your interests. We understand the confusion and overwhelm you may feel, and we provide clarity while helping to streamline the process as much as possible.
Why You Should Choose a Military Divorce Attorney in Seattle from Dellino Family Law
The team at Dellino Family Law has extensive legal expertise in military divorces in the state. This process follows different rules from a typical divorce, and a military divorce lawyer ensures that each requirement is met so the divorce is official. We help you understand what laws apply to your divorce and what rights you have under those laws.
Military divorces are subject to both state and federal laws and protections. This often makes the process more complicated and can be confusing if you’re unaware of the proceedings in these cases.
Our team walks you through each step of the process so you know what to expect. We also work closely with you to ensure you have all the documents you need to help streamline the case.
Similar to a regular divorce, there are several decisions that you and your spouse will have to make together. Our Seattle family lawyers ensure you consider all aspects so you can reach an agreement that works for both of you.
We also work to reduce your stress throughout the process and help you have peace of mind about how your case is handled.
Similarities and Differences Between Civilian and Military Divorces
In many ways, military divorce is similar to civilian divorce. A petition must be filed, waiting periods observed, and the same key decisions must be made.
However, military members have certain protections and benefits under the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouse’s Protection Act (USFSPA) that can affect certain aspects.
For example, when a spouse files for divorce, they must serve the other spouse with papers and give them a chance to respond. If there is no response, a default judgment can grant the filing spouse’s requests.
For military divorces, however, the SCRA allows active-duty members to postpone for at least 90 days to protect them from a default judgment. A lawyer can also represent absent servicemembers.
Additionally, the USFSPA can protect spouses of retired servicemembers. This entitles spouses in this situation to a portion of the servicemember’s retirement pay, which must be divided during the divorce.
It can also affect alimony or child support payments. It’s important to talk to a Seattle military divorce attorney about these and other protections to understand what to expect.
Dividing Assets During a Military Divorce
Couples must divide their assets during a divorce. According to RCW 26.09.080, Washington allows for equitable distribution of marital property.
Marital property includes all assets acquired during the marriage, unlike separate property, which includes assets owned before marriage or received as a direct gift during the marriage. Each party’s situation is considered to ensure fairness.
During a military divorce, assets are still divided according to Washington law, but they may also be affected by military guidelines.
Special financial accounts, retirement plans, housing benefits, military pay, and other military benefits may be considered marital property or have specific stipulations or protections. A lawyer can provide clarity when reviewing what assets are involved in your divorce.
A military divorce attorney can also help protect your interests, assets, and financial situation during a military divorce. They can walk you through how to avoid financial blunders during divorce, so you aren’t at a disadvantage or treated unfairly. While it can be confusing to keep track of what you are and aren’t entitled to in a military divorce, your lawyer can provide clarity and trusted recommendations.
Military Divorce Can Impact Child Custody and Child Support Payments
When divorcing couples have children, they must work together to create a parenting plan that clearly states each parent’s rights and how various situations will be handled.
This is no different in a military divorce, and the best interests of the children are still prioritized. However, parenting plans for military families are generally more nuanced because of the servicemember’s availability.
A military member’s custody and visitation rights may differ as the plan is adjusted to accommodate their schedule. Parents also need to consider how military service may influence decision-making capabilities during a divorce.
Depending on your family’s situation, a lawyer can discuss what you need to know about the relocation of children in Washington state, as applicable.
Both parents must also remain financially responsible for their children and share the costs of raising them. Child support payments and amounts can be determined using state formulas, the parents’ circumstances, military pay, and other factors.
It’s important to work closely with a lawyer who can advocate and guide you during this process. They can also help you make modifications down the road if necessary.
Dellino Family Law Helps You Navigate the Nuances of a Military Divorce
Dellino Family Law is an ally, advocate, and resource during the divorce process. We provide valuable support while also ensuring that you are treated fairly.
Our team ensures all requirements are met and that you are satisfied with the outcome of your divorce proceedings. To learn more about how to move forward, schedule a consultation with a Seattle military divorce lawyer.