Washington Military Divorce

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 […]

The life of a servicemember is difficult. At a moment’s notice, they can find themselves deployed on the other side of the world for significant stretches of time. Meanwhile, their spouses remain at home, hoping for the day when they return. The growing number of military divorces According to statistics, that devotion only goes so far. Military families represent a much higher divorce rate than the civilian population. The stress of deployment and the psychological and physical impact of active duty weighs heavily on families. The fallout has created a large demographic of military divorces much higher than the civilian population. Approximately one-fifth of marriages with a servicemember ultimately end in divorce. Beyond the above factors that can lead to dissolution, other circumstances unique to military life can also play a role. Financial issues are near the top of the reasons that military marriages end. In addition to the pay scale involved in the job, finding work in civilian job markets presents challenges. Additional obstacles include: Communication issues created by a significant distance Post-traumatic stress disorder (PTSD) that can wreak havoc on the strongest of unions Multiple moves around the country and world, with many relocating every two to three […]

In Washington and beyond, members of the U.S. military are to be commended for their service. Their spouses and children also make great sacrifices for the good of the country. Like all married couples, those that involve a military service member and a non-enlisted spouse often go through tough times, especially if deployment occurs. In many cases, the strain on a relationship is too much to bear and one or the other spouse files for divorce. If you are a non-enlisted spouse who is considering filing for divorce, there are several issues you will want to keep in mind. The more you know ahead of time regarding laws or regulations or other issues that may be relevant in a military divorce, the less stressful and disruptive the process might be. The military family care plan may be an integral component of your divorce As a non-enlisted spouse who is married to a military service member, you might already be familiar with the military family care plan. If your spouse deploys, there may be instructions regarding child custody or issues about child care incorporated into the plan. If you and your spouse divorce, you will want to carefully review the terms […]

At Envision Family Law, we represent people in Washington in family law matters. Perhaps no group is more in need of thoughtful, sensitive representation than military members and their families facing divorce. Divorce, and other family law issues, have significant complexities when they involve a military member and we routinely resolve such questions as: What is different about a military divorce vs. other divorces? Fundamentally, divorces between military members and their spouses conform to the state laws of Washington. The timelines and conversations are all the same. However, the reality of life in the military complicates certain issues. This will require a greater amount of time to come to, for example, a parenting plan. Does the military pay for divorce? The US military does not provide attorneys for their soldiers going through a divorce. However, military members may draw on some services to gain legal advice. Additionally, service members have some protections in civil court when it comes to non-appearance. What is the most difficult aspect of a military divorce? Determining a parenting plan may be among the most complex issues in military divorce. The parenting plan in Washington sets all of the parameters of custody. Active-duty service members may […]

Divorce cases can get more complex when one spouse is in the military. Dividing assets can be particularly confusing during military divorce. One of the most commonly misunderstood issues is how to divide up a military pension. When considering how to divide up a service member’s pension in divorce cases, the “Ten-Year Rule” or “10/10 rule” often comes up and is often misunderstood. There are many instances where non-military spouses end up missing out on money they were legally entitled to due to a misunderstanding of the regulations. What is the ten-year rule? The ten-year rule is often misunderstood as it has a number of complexities. More details are included below. However, as far as most cases are concerned, the ten-year rule simply means that if the military spouse served for 10 years or more and the marriage lasted ten years or more, the Defense Finance and Accounting Service (DFAS) can enforce it and pay the non-service member spouse their entitled share of the military pension. The ten-year rule is a part of the Uniformed Services Former Spouses’ Protection Act (USFSPA) 10. U.S.C § 1408. The USFSPA has two objectives: providing a method of enforcing USFSPA orders with the Department of Defense and […]

I hear a lot of questions about how the Service Members Civil Relief Act (SCRA) can impact  divorce proceedings or obligations relating to post-divorce arrangements, such as child custody. Before deciding to utilize the SCRA in your upcoming divorce proceeding, it is wise to consider how it might impact the outcome of your divorce case. Usually, it is best to consult with an attorney about whether the SCRA is the best option for you. In order to learn more about the SCRA and how it operates in divorce proceedings, consider the information below:  An Overview of the Service Members Civil Relief Act (SCRA)  The SCRA allows the potential for a “stay of proceedings” if it can be proved that while you are serving in the military, your ability to defend or prosecute a lawsuit is materially affected by your active duty military obligations. That is to say, a judge may delay all or part of a lawsuit in order to ensure that a military service member on active duty receives a fair hearing, regardless of their current duty status. What is important to understand about the SCRA is that it is not an absolute guarantee that the case will be postponed. For […]