Washington Military Divorce Lawyer
Serving in the military can put a strain on even the strongest marriage, and the daily demands of military service can definitely take its toll. When service members are facing divorce, they have unique needs that other divorcing couples may not face. Therefore, if you are involved in this type of situation, it is crucial that you consult with a Washington divorce lawyer who has experience handling military divorces. A Washington military divorce lawyer can explain what steps need to be taken and what privileges and benefits may be available.
Unique Aspects of Military Divorce
One issue that often arises in military divorces is residency requirements for filing for divorce in a particular state or jurisdiction. While state law governs residency and filing requirements for divorces, federal law affords military members special protections due to the fact that they often are stationed in other states and countries. As a result, you and your Washington military divorce lawyer must give special consideration to the jurisdiction in which you choose to file for divorce.
Federal and state laws also protect spouses who are on active duty in the military from having default judgments entered against them in divorce cases. While a court may be able to enter temporary orders regarding a military spouse in divorce proceedings, it cannot enter final orders in a divorce if the military spouse has failed to respond to the divorce action. As a result, the military status of an active duty service person can substantially delay the divorce proceedings in some cases.
In the state of Washington, military retirement pay is an item of property divisible in a divorce action. Former spouses of service members potentially can receive up to 50% of the service member’s retirement pay, depending on the situation. Special rules govern the division of military retirement pay that take into account factors such as the length of the marriage and the length of the service member’s military service.
Consulting With a Military Divorce Lawyer
If you or your spouse is a member of the military and you are seeking a divorce, our Washington military divorce attorneys can guide you through every step of the process. We are here to answer your questions, both now and in the future, about your divorce and the legal impact that it will have on your family. At Ashby Law, we have represented the interests of countless individuals throughout the divorce process, including members of the military.