Every divorce or legal separation has its own unique challenges. Whether you and your spouse have decided to go your separate ways after a year of marriage or your decades-long relationship has come to an end, the divorce process inherently involves several important decisions, productive negotiations, and complicated emotions. Even if you and your spouse have agreed to an amicable divorce, it’s natural to experience strong and varying emotions (such as grief, anger, sadness, disappointment, etc.) along the way. There is no one-size-fits-all approach to the divorce process—every person will experience it in their unique way.
In Washington state, the divorce process can seem daunting for anyone. However, if the divorce involves an active-duty military member, there are additional considerations that will affect the legal process. Whether you are an active-duty service member seeking a divorce or you are a military spouse who wants to end your marriage, it’s worth enlisting the trusted legal guidance of a knowledgeable and experienced Seattle divorce attorney who can assess the nuances of your situation and identify the most strategic path forward. Military divorces can be challenging to navigate, as they present specific legal and logistical complexities that do not apply to divorces between civilians. Let’s take a closer look at how the divorce process in Washington State typically unfolds when one spouse is an active-duty service member. We will also explore the benefits of working with a highly qualified military divorce attorney who understands the complexities of these situations.
Legal Protections for Service Members in Washington State
First, it’s important to recognize that both federal and state laws extend additional protections to service members when it comes to divorce matters. Essentially, these laws aim to keep service members engaged in their assigned duties by limiting the court’s ability to issue permanent orders in a divorce case that could adversely impact the military spouse’s rights. Generally speaking, these laws protect the respondent spouse in any civil case (including divorce) who is or will soon be on active military duty (which also applies to reservists and National Guard members who are on active duty). Under these laws, the court may postpone or suspend civil hearings until the service member returns to take part in the proceedings. In Washington, the Service Members’ Civil Relief Act (SCRA) details the legal rights of active duty military and service members in civil proceedings, such as the right of a service member to request that the court delay the hearing or other court proceedings until they are available to participate in the matter. Although the court may move forward with issuing decisions about parental rights and child support—if such decisions are time-sensitive and in the child’s best interests—these decisions may be temporary and subject to revision once the service member is available to participate in these proceedings. When it comes to divorce cases specifically, the matter may be postponed for the entirety of the military spouse’s active duty (and potentially for up to 60 days after their return). Military spouses should also recognize that they have the right to waive these rights in the event that they want the legal process to proceed, regardless of their location.
Washington Residency and Divorce Filing Requirements
Many couples who want to file for divorce in Washington want to know whether there are any residency requirements that impact their ability to seek a divorce. It may be surprising to learn that Washington does not require the couple (either the petitioner or the respondent) to present evidence of residing in the state for a specific amount of time. This means that it’s possible to file for divorce within days of moving to Washington state. However, residency can affect other aspects of your divorce, such as child custody and child support determinations, as well as jurisdictional considerations for any real estate that you and your spouse will need to address when negotiating the division of property and assets. However, regardless of how long you have resided in Washington, you must observe a mandatory 90-day waiting period before the court finalizes your divorce. If you have questions about residency or jurisdiction considerations that could affect your petition for a divorce, reach out to a knowledgeable Seattle divorce and family law attorney for customized legal guidance.
Active Duty Divorce and Property Division
As a community property state, Washington strives to divide up marital assets and debts in a fair and equitable way that allows both parties to move forward on relatively comparable ground. However, it’s important to understand that “equitable distribution” rarely means an even fifty-fifty split of every asset. Instead, the court seeks to distribute the jointly owned assets in such a manner that both parties can enjoy a similar standard of living as the one they enjoyed during the marriage. For example, the court may find that one spouse should retain ownership of the rental property while the other spouse assumes possession of the newer vehicles or other assets of comparable value. For the most part, the court will handle active-duty military divorces similarly, with one primary exception: military retirement benefits.
Military Retirement Benefits and Asset Division Considerations
Federal laws address how military retirement benefits are assessed and divided during the divorce process. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), spouses or former spouses of military members may pursue a portion of a service member’s military retired pay. This law is also designed to help “former spouses of retired service members ensure they receive their share of the retired pay, child support or alimony as directed by a court order.” However, it’s essential to understand that the USFSPA does not automatically grant a former spouse access to the other spouse’s retirement benefits. The non-service member spouse can only receive a portion of their spouse’s military retired pay once a final court order has been issued. Moreover, it’s important to understand the complexities of asset division and retirement considerations in military divorces, as the laws and rules can be nuanced and highly specific. For example, the USFSPA may only allow for the division and allocation of the military member’s retired pay to their non-military spouse if they have been married for ten years or more while the service member was on active duty. If you need help determining how these laws could affect your divorce in the Seattle area, discuss the specifics of your situation with a dedicated and experienced Seattle army divorce lawyer today.
Addressing Child Custody in Military Divorces
If you have children, you will need to negotiate child support and child custody matters as part of the legal proceedings. As you start to establish a parenting plan, you will need to consider factors such as the service member’s military deployment, transfers, or other assignments that will affect the logistics of creating a stable custody arrangement and visitation schedule. Washington strives to prioritize the best interest of the child, so you can expect the court to examine each parent’s availability, work schedules, home environments, and emotional capacity to care for the child when putting a parenting plan in place. It’s important to remember that the parent’s status as an active duty member of the military does not disqualify them from assuming legal responsibility for their child’s care, as military bases provide comprehensive accommodations to support the child’s educational and social well-being. In most cases, the court will seek to establish a parenting plan that allows the child to spend quality time with each parent in order to promote positive relationships with both parental figures. Working with a caring and knowledgeable divorce attorney is the best way to ensure that you and your child obtain a fair and favorable outcome.
Child Support and Spousal Maintenance Considerations
When spouses part ways, one party may need financial assistance in order to ease the transition from a two-income household to living independently. For instance, the spouse who gave up a career during the marriage to maintain the household, focus on volunteer work, or raise children will likely need economic support when the marriage ends. The court may issue a spousal maintenance order that requires the higher-earning spouse to make monthly payments to the lower-earning spouse (either temporarily or permanently) to account for this income disparity. Similarly, the court will use several factors to determine a child support order that protects the child’s best interests and ensures that both parents are supporting their child in some capacity. When it comes to negotiating child support and spousal maintenance in military divorces, these topics can become more complex and nuanced. It’s best to enlist the guidance of a highly experienced and trusted Seattle family law and divorce lawyer who can provide the customized legal solutions you need during this challenging and confusing time.
Divorce Lawyers For Military Members
Unlike civilians, service members encounter specific legal and logistical complexities due to their military status. Issues like deployment, jurisdictional matters, the Service Members Civil Relief Act (SCRA), and the division of military benefits like retirement pay present additional challenges as you move through the divorce process in Washington state. If you need help navigating the nuances of a military divorce in the greater Seattle area, get in touch with a seasoned and caring lawyer who will work hard to help you achieve your goals and move forward into a brighter future.
The dedicated and caring divorce and family law attorneys at the Hemmat Law Group are ready to provide you with the personalized and effective legal guidance you need to move forward with greater security and confidence. Please contact our Seattle office today at (206) 682-5200 to get started.