Military divorce is more complicated than civilian divorce and requires the skill and knowledge of an experienced military divorce attorney. At Twyford Law Office, we can help you with your divorce if you are in the military, retired from the service, or your spouse is currently a service member.
Twyford Law Office’s attorneys are:
Dedicated to protecting your legal rights throughout your divorce;
Experienced in all areas of military and civilian divorce law; and
Compassionate towards the unique needs of military families experiencing divorce.
Do not allow differences over the division of military retirement benefits, military pensions, and proposed child custody arrangements to cause prolonged delays in your “divorce while deployed.” Call Twyford Law Office for creative, individualized strategies to help advance your divorce goals.
How Our Experienced Seattle Military Divorce Attorneys Can Help
Getting divorced is a complex process in the military. You need an experienced Seattle military divorce attorney to help you guide you through the special nuances associated with a military divorce, including, but not limited to, those associated with:
The division of military retirement and disability pay. While military disposable retired pay is generally divisible upon divorce, VA disability compensation, military disability retirement benefits, Special Combat-Related Compensation (SCRC), and Concurrent Retirement and Disability Pay (CRDP) are usually not divisible;
Military custody. Custody can be complicated for service members and their families based on a service member’s deployment. It is essential that the custody arrangement address these unique demands on a service member’s time, which civilians may not face; and
Military child support. The respective branches of service have guidelines for family support that a commanding officer can order. These guidelines often differ from court-ordered child support.
Twyford Law Office’s attorneys can help you navigate any of the above issues that military families face in divorce proceedings, and more. Call or contact our office in Seattle to schedule your confidential consultation with a Seattle divorce attorney.
Additional Factors to Consider in a Military Divorce
Divorces, where either party is in active military service, are substantially the same as a regular or civilian divorce. However, there are some added factors that an attorney and their client must consider. The first is jurisdiction.
Jurisdiction in a divorce usually is where a person lives. However, in a military divorce, a spouse may file for divorce where:
The military member is stationed, even if the member is not a legal resident of that state; or
In the state where the military member claims legal residency.
Jurisdiction in a case affects property distribution, child custody, and child support issues.
Military members fall under the Servicemembers Civil Relief Act (“SCRA”). The SCRA protects service members from lawsuits, including divorce proceedings, so they can “devote their entire energy to the defense needs of the Nation.” The SCRA allows active duty service members to request a “stay” of divorce proceedings if their duties prevent them from responding to the court action.
In a military divorce, an attorney and their client must also take the military member’s pensions and benefits into account. Like civilian retirement benefits, military pensions are subject to division between spouses in the event of divorce. The Uniformed Services Former Spouses’ Protection Act (“USFSPA”) and state law determine how such assets are divided.
The court treats a Thrift Savings Plan (“TSP”) like a traditional 401K. However, in military divorces, there are specific requirements and verbiage that must be in the court order that differ from a civilian retirement plan division orders. In addition, a Survivor Benefit Plan (“SBP”) is a benefit that must be addressed explicitly in the divorce decree because the SBP terminates upon divorce without particular language in the divorce decree to the contrary.
In addition to pension benefits, spouses of former military members are also eligible for full medical, commissary, and exchange privileges when certain conditions are met.
Contact an Experienced Seattle Military Divorce Attorney
To learn more about divorce and the military, contact the military divorce attorneys at Twyford Law Office. We know the unique challenges presented by military divorce and stand ready to protect your legal rights and secure your benefits.
Contact Twyford Law Office today for compassionate, knowledgeable divorce counsel. We will listen carefully to your concerns and offer you solutions that meet your personal goals and schedule as a military member.