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What Service Personnel Have to Realize Concerning Military Divorce

2010 October 1
by buddy

When people that reside in the state of Washington decide to file for a dissolution of marriage (the term “divorce” isn’t lawfully acknowledged in the state of Washington), they have a tremendous amount to consider soon after coming to this decision. Regardless of whether the former married couple are amicable and trying their utmost to cooperate together, the situation can be tough. This might be correct with civilian married couples, however when people who are serving the country within the military might be involved in the dissolution of marriage procedure, there can be other sorts of factors to take care of. Although the subject may not be much more contentious, all the legal aspects associated with the proceeding are very different in most ways, adding a different layer of difficulty to the filing.

You can get those who believe a “military divorce” involves the auspices of the armed forces in some manner, however that isn’t the situation, even if both individuals involved might be actively serving. The state of residence will be the jurisdictional location for the case, and this matter alone is often clouded by military service. Individuals who are in the armed forces sometimes tend not to be in one place for very long, and so they may think of their home to be a state which they haven’t physically resided in for years.

An additional aspect that is applicable to military divorces is going to be the employment of the Servicemembers Civil Relief Act (that was changed in 2003 and formerly named the Soldiers and Sailors Civil Relief Act of 1940). Part of the SCRA advises that servicemembers who’re actively deployed don’t need to deal with any civil procedures that have been filed against them until they have served their term of duty. As a result a man or woman who might be deployed by the military could delay answering an action for dissolution of marriage until she or he is no longer on active duty.

An additional challenge which is specific to people serving our country revolves around the potential for the state of Washington to award a former wife or husband a share of the armed forces pension which is due his or her former spouse. This is taken care of in the Uniformed Services Former Spouses’ Protection Act (USFSPA), and it is something that every former military husband and wife should take a look at when they start to proceed with their dissolution of marriage process.

If you have any questions about military separation and divorce and similar family issues involving the military, make contact with a Tacoma WA divorce law firm that has specific knowledge about military cases. A good family attorney Tacoma WA can offer the assistance you need with your Tacoma WA divorce.

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