Military Divorce in Olympia
A divorce is a complicated time in a person’s life, filled with worry about the future. While this is true of any divorce, a military divorce presents unique challenges that complicate the process even further. Both state and federal laws govern various aspects of a military divorce, which presents some legal challenges that are absent from other types of divorce. Before taking any action you should consult with one of our Olympia military divorce attorneys and start getting some facts.
The law states that a person on active duty in the military cannot be held in default for failing to respond to a spouse’s divorce action request. This law is valuable to persons on active duty, because it protects them from having their marriage ties severed without their being able to actively pursue their own interests.
A person on active duty has the right to postpone divorce proceedings while they are actively serving, and for 60 days after their service has concluded. If the person on active duty has no objections, the divorce can otherwise proceed. With so many variables in play, you should get some information specific to your situation by talking to one of our Olympia military divorce attorneys.
Other criteria must be met before proceeding further, and our military divorce attorneys in Olympia have the experience needed to help you with all of details. If the party who is active in military does not reside in Washington State, then there is no way to file for divorce within the state. Also, they must be stationed in Washington so that they can personally be served with a court summons and the divorce action, otherwise the Washington State Court cannot have jurisdiction over the case.
Other ways in which our Washington military divorce lawyers can help is by explaining how property division is handled, including military benefits and retirement. If children are involved, keep in mind that child support is calculated according to standard Washington State formulas.Know your rights when dealing with property division and military retirement
There is one key difference to a military divorce that should be discussed. In most Washington State divorce cases, property is divided equally between spouses, and there are few exceptions to this law. However, in military divorce situations, military retirement is not subject to division.
So, while a spouse may think that they are entitled to a portion of their partner's military retirement based on the length of their marriage, this is mistaken. It is entirely up the court whether to allocate any portion of a spouse's military retirement when dividing assets and property. In some cases, the spouse may not receive any of the retirement.
This is important because a service member's military retirement can have a high value. Your military divorce lawyer in Olympia will help determine the value of the retirement at the time of the divorce, so that an accurate assessment can be made when compared to other assets.
With more than 50 years of collective experience, the attorneys at the Washington Family Law Group can help ensure that your legal rights are always protected.Our professional Olympia military divorce attorneys offer a free case evaluation, so that you can get more information.
With so many case-specific laws that apply to a military divorce, it’s a good idea to get a more in-depth understanding of the law before you begin the process. You can get some reliable information from our team of Olympia military divorce lawyers by taking advantage of our offer for a free and private consultation. Without risk or monetary expenditure, you can get information that will help you better understand your options and what to expect as the divorce process unfolds.
If you hire one of our divorce professionals to help you navigate this difficult process, they will be at your side throughout acting a trusted confidante and advocate. Contact our law team today and start the process of transitioning into your new life.