There are a large number of active duty military service members in and around Tacoma, WA. For these military service members and their spouses, going through a divorce has additional factors than a divorce with non-active duty military members or civilians.
Potentially Issues
This becomes increasingly challenging if the spouse not deployed chooses to file for divorce when the other spouse is deployed. This can lead to the potential for an individual on active duty to not just be absent through divorce discussions, but also not to realize the divorce has even been filed. SCRA or the Servicemembers Civil Relief Act can be used to extend deadlines when on active duty.
To address this issue, a military divorce attorney will work to ensure the laws protecting activity duty military members from these types of issues. There are several other factors to consider, which makes an experienced military divorce attorney an important aspect of ensuring you have the information needed for informed decision making.
Where to File
Before filing for divorce in Tacoma, WA, always talk to an attorney familiar with the USFSPA or Uniformed Services Former Spouses’ Protection Act. This allows the state of legal residence of the military member to divide the military pension. Filing outside of this state will mean the court does not have the authority to divide the pension unless the state has specific laws.
Child support will be determined by the state, but it is also set by the branch of the service. Understanding your obligations for child support and how it will be calculated is always an important consideration.
It is important for military members to understand the military lawyers do not provide representation in a divorce proceeding. By working with a divorce lawyer with experience in military divorce proceedings, you can have the qualified legal expertise to represent your best interests throughout the divorce.
