If you’re a parent who is a U.S. service member or are married to someone serving in the military in Washington, you no doubt understand how challenging it can be to balance the rigors of military duties with family life. Married couples with one or both spouses in the armed forces experience the typical types of issues that non-military couples face, but they may encounter additional stress, especially if the service member gets deployed. Just as many civilian marriages crumble under pressure, divorce is a common occurrence in the military, as well.
Filing for divorce when one or both spouses are in the military is a bit different than filing a petition when both spouses are civilians. There are several key issues to keep in mind in a military divorce, which not only may affect your settlement but also your children’s future. It’s always best to seek guidance from someone who has a legal background in military divorce.
Custody issues can be complex in a military divorce
One thing to avoid as you prepare for a divorce in the military is assuming that the civilian spouse will be the primary custodian of the children. Many people think that, because a military service member might deploy, the court will not grant him or her custody of children in a divorce. This is not true; military parents can indeed be custodial parents.
There is a legal document in the military known as the Family Care Plan (FCP). Each branch of the military has its own guidelines and protocol for executing an FCP. This document contains information and instructions regarding issues such as your children’s daily activities, emergency contacts, medical information, access info for important documents (i.e., birth certificates, powers of attorney, etc.) and more. If you plan to seek custody in a divorce as a military parent, you’ll want to make sure to update your FCP.
You can still get Basic Allowance for Housing (BAH) if your kids don’t live with you
As a military service member, you still have a right to BAH, even if your children live with their civilian parent. The court will order you to pay a portion of your check as child support. This amount is typically determined by calculating the difference between the rate you would receive as a single person and the amount you receive with your children listed as dependents.
You can’t file for divorce in Washington if one of you hasn’t lived there full-time
Military families often relocate, which means that both children and parents must learn to be adaptable to things like new surroundings and people, cultures and state laws. Regarding divorce, if you plan to file a petition in this state, you must meet the requirements for jurisdiction, which means that at least one spouse has been a full-time resident in this state for a minimum of 90 days. Carefully reviewing state laws, as well as all relevant military regulations, can help you avoid complications as you navigate a divorce in Washington.