Getting a divorce can be a complicated process, especially for military families. In Washington, military divorce cases have unique considerations that civilian divorces do not. It is crucial to understand the laws and regulations that apply to military divorces in Washington, whether you are the active service member or their spouse. This article will discuss the special considerations of military divorce in Washington, with a focus on residency requirements, military pension division, child support and custody, and the protection of military members.
Residency Requirements: A Unique Situation
Before filing for divorce in Washington, one of the parties must meet a residency requirement. Generally, this means living in the state for at least six months. However, military members have a different set of rules.
Under the Servicemembers Civil Relief Act (SCRA), military members may have the opportunity to file for divorce in the state where they are currently stationed, regardless of their legal residence or that of their spouse. This provision is particularly helpful for military members who frequently move due to deployment or permanent change of station (PCS) orders.
Military Pension Division: Dividing Marital Property
One significant difference between military and civilian divorces is the division of military pensions. In Washington, military pensions are considered marital property and can be divided during a divorce.
In certain cases, the non-military spouse may be entitled to a portion of the military pension as part of the divorce settlement. However, there is a requirement known as the "10/10 rule." The military spouse must have served on active duty for a minimum of 10 years, and the non-military spouse must have been married to the military member for at least 10 years, with at least 10 years of marriage overlapping with the military service. If this rule is not met, the non-military spouse may still have other avenues to pursue a portion of the pension through a property settlement agreement.
Child Support and Custody: Prioritizing the Best Interests of the Child
In Washington state courts, child support and custody arrangements prioritize the best interests of the child. Nevertheless, military divorce cases involve additional factors to consider.
If the military member is deployed or has PCS orders, their custody and visitation rights may be affected. The court takes into account the military member’s duty schedule and their ability to actively parent from a distance. Moreover, the SCRA allows military members to potentially delay court proceedings, including child support and custody hearings, while they are deployed.
Protection of Military Members: Legal Safeguards
It is essential to note that military members have additional legal protections under the SCRA. These protections extend to divorce cases as well.
The SCRA prohibits default judgments against military members who are unable to attend court hearings due to military duties. Furthermore, it provides safeguards against certain legal actions, such as eviction and foreclosure. Additionally, military members, under certain circumstances, may be able to delay court proceedings while they are on active duty.
Conclusion: Navigating the Complexities of Military Divorce
Military divorce cases in Washington involve unique considerations that civilian divorces do not. From residency requirements to the division of military pensions, the process can be daunting. Nevertheless, a strong understanding of the laws and regulations that apply to military divorces can help alleviate some of the stress and uncertainty surrounding the process.
If you or your spouse are military members going through a divorce, it is crucial to seek the guidance of an experienced military divorce attorney. An attorney can provide valuable assistance in navigating the complexities of military divorce and ensure that your rights and interests are protected throughout the divorce proceedings. With their expertise, you can approach the process with confidence and find the best resolution for your situation.