Olympia Military Divorce

Olympia Washington Military Divorce Lawyers Protect Your Family

Military members stationed in Olympia, Washington, including those at Joint Base Lewis-McChord and Naval Base Kitsap, encounter distinct challenges in divorce proceedings. This is where our Thurston County attorneys come in. They possess a deep understanding of these unique circumstances. With specialized knowledge of military divorce issues such as pensions, benefits, and custody considerations across different jurisdictions, we know how to navigate the complexities that military personnel face.

Is Washington The Right Jurisdiction For My Military Divorce?

Determining whether Washington is the right jurisdiction for your military divorce involves considering several factors related to residency, legal advantages, and personal circumstances. Washington State may be an appropriate jurisdiction if it aligns with specific legal and personal criteria:

1. Residency Requirements: Washington allows military members and spouses to file for divorce in the state if the military member is stationed in Washington or if Washington is the legal residence of either spouse. Unlike some states, Washington does not require you to have lived in the state for a specific period prior to filing for divorce.
2. Connection To Washington: Consider your connections to Washington, including whether you own property in the state, have family ties, or intend to live there after the divorce. A strong connection can make Washington a more suitable jurisdiction for your divorce.
3. State Laws And Benefits: Washington's property division laws may be more favorable to your situation than those of other jurisdictions because it is a community property state. This means all property you acquired in the marriage is considered jointly owned and is typically divided equally upon divorce. If this approach aligns with your expectations for property division, Washington could be a beneficial jurisdiction.
4. Child Custody Considerations: Washington State's approach to determining child custody and crafting parenting plans may influence your decision if you have children. The state focuses on the best interests of the child, considering their relationship with each parent, the parents' work schedules, and any history of domestic violence or substance abuse.
5. Ease Of Legal Proceedings: For service members stationed overseas or deployed, the ability to participate in legal proceedings might be a concern. Some jurisdictions, including Washington, may offer accommodations for service members, such as appearing via telephone or video conference for certain hearings.
6. Legal Representation: Access to experienced military divorce attorneys in the jurisdiction can also influence your decision. An attorney familiar with military and Washington State family law can be invaluable in navigating your divorce.

Before deciding on Washington as the jurisdiction for your military divorce, it's advisable to consult with a knowledgeable military divorce attorney. They can assess your specific circumstances against the legal framework of Washington and help you determine if it is the most advantageous jurisdiction for your divorce proceedings.

What You Need To Know About Military Benefits And Divorce

When navigating a military divorce, understanding how it affects military benefits is crucial for service members and their spouses. The distribution of benefits in a military divorce involves complex rules governed by federal laws, with some discretion left to state courts. Here are key points to consider regarding military benefits and divorce:

Military Pensions

During divorce proceedings, the Uniformed Services Former Spouses' Protection Act (USFSPA) enables Washington State courts to allocate a portion of a service member's military retirement pay to a spouse or ex-spouse. This act also facilitates the direct transfer of these payments through the Defense Finance and Accounting Service (DFAS), with the division of military retirement benefits often depending on the duration of the marriage coinciding with military service.

The 20/20/20 rule provides that an ex-spouse may qualify to continue receiving comprehensive military benefits (including medical, exchange, and commissary privileges) if the marriage spanned at least 20 years, the service member completed a minimum of 20 years of service eligible for retirement pay, and there was a 20-year period where the marriage and the service overlapped.

Similarly, the 10/10 rule permits DFAS to directly disburse a portion of the military retirement benefits to an ex-spouse, given that the marriage and the military service coincided for at least ten years. It's essential to understand that this rule specifically addresses the distribution method of the pension rather than how the pension is divided.

Health Care Benefits

Former spouses who do not meet full military health benefits requirements may qualify for temporary health care coverage under the Continued Health Care Benefit Program (CHCBP), which acts as a bridge between military health benefits and civilian health insurance. Based on the 20/20/20 rule, former spouses are eligible for TRICARE benefits. Those who do not qualify may receive coverage under the CHCBP for up to 36 months after the divorce.

Survivor Benefit Plan

The Survivor Benefit Plan (SBP) enables a retired military member to pay a portion of their retirement benefits to a spouse or ex-spouse in the event of the service member's passing. Courts will consider allocating SBP during the divorce proceedings, and they can be a negotiated part of the settlement.

Base Privileges

Under the government's 20/20/20 rule, former military spouses may retain base privileges, including commissary, exchange, and theater privileges. Those who do not meet these criteria lose their base privileges upon divorce.

Child Support And Alimony

Military regulations require service members to support their dependents. When calculating child support and alimony, courts can consider a service member's housing allowances and other benefits as income.

What Happens If A Spouse Is Deployed During The Divorce?

If a spouse is deployed during a divorce, several legal protections and considerations come into play for service members on deployment. The Servicemembers Civil Relief Act (SCRA) and specific family law provisions protect the rights of deployed military members in divorce proceedings. Here's what happens and what to consider:

Servicemembers Civil Relief Act Protections

The SCRA allows deployed service members to request a postponement of civil court actions, including divorce proceedings, for a minimum of 90 days or longer if the service member's duties prevent them from participating or asserting their rights. A legal stay prevents default judgments against service members who cannot be present in court due to their military duties. Additional extensions beyond the initial stay may be granted if the servicemember can demonstrate that military service continues to affect their ability to participate in the divorce proceedings.

Handling Child Custody And Support On Deployment

To address the immediate needs of the child during the servicemember's deployment, Thurston County courts may issue temporary custody and child support orders. Orders are reconsidered once the servicemember returns. Recognizing that deployment can significantly change a family's circumstances, courts often structure custody and support orders to allow for modifications based on changes in the servicemember's deployment status.

Communication And Legal Representation During Deployment

Courts and legal representatives make efforts to ensure deployed service members can participate in the proceedings, whether through written submissions, electronic communication, or through a legal representative. Servicemembers may grant a power of attorney to someone they trust to handle certain legal or financial matters on their behalf during their deployment. Furthermore, they may access advice and assistance from military legal assistance offices when dealing with divorce proceedings during deployment.

Deployment's Impact On Divorce Settlements

Deployment and military status can affect negotiations and determinations regarding military benefits, pensions, and other assets in the divorce settlement. The courts delay the divorce process until the servicemember returns from deployment, especially if they invoke the protections under the SCRA or if the case involves complex issues requiring direct involvement.

How To Prepare For Your Military Divorce

Preparing for a military divorce involves both understanding its unique aspects and taking practical steps to ensure your rights and interests are protected. Here's how you can prepare:

• Understand Your Legal Rights: Read and familiarize yourself with the Servicemembers Civil Relief Act (SCRA) and the USFSPA.
• Gather Important Documents: Collect financial documents, including tax returns, pay stubs, bank statements, and investment accounts; obtain military records, such as the Leave and Earnings Statement (LES); and gather documentation related to retirement accounts, life insurance policies, and other benefits.
• Understand Your Military Benefits: Determine how the divorce might affect military benefits, including healthcare, housing allowances, and retirement pay. If applicable, familiarize yourself with the 20/20/20 rule for continued military benefits for non-military spouses.
• Consider Children And Custody Arrangements: Consider how custody arrangements, visitation, and child support will be handled, especially in light of potential deployments and relocations. Prepare to discuss and negotiate a parenting plan that accommodates the unique demands of military service.
• Plan For Financial Independence: Begin planning for your financial independence post-divorce, including establishing credit in your name, creating a budget, and considering your housing situation.
• Prepare For Negotiations Or Mediation: Be ready to negotiate or mediate aspects of your divorce settlement. It will be helpful to understand your priorities and what you are willing to compromise.

Preparation, education, and professional guidance are key to successfully navigating the challenges of a military divorce. A family law attorney in Washington can guide you through the process. Contact us today for your first consultation with one of our military divorce attorneys.