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Home » Spokane Military Divorce Lawyer
Military divorces can involve complicated federal laws governing military service members. The issues in a military divorce can also be more complex than issues in a civilian divorce. Experience counts when you hire a Spokane military divorce lawyer to handle your Spokane, WA military divorce.
At, our Spokane divorce attorneys have extensive experience handling military divorce cases. We have over 40 years of experience handling family law matters. Our attorneys are equipped to handle every aspect of your military divorce.
Our legal team is comprised of skilled, resourceful, dedicated, and experienced lawyers. We are fierce trial litigators and proficient negotiators. Twyford Law Office is here when you need trusted legal representation during a Spokane, WA military divorce.
Contact Twyford Law Office at (509) 327 0777 to schedule a free consultation with one of our Spokane military divorce lawyers. Whether you are married to a service member or you are currently serving our country, you can benefit from sound legal advice as you go through the Washington divorce process.
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Service members and their spouses have special considerations when they address the issues involved in a divorce. Special provisions exist to protect a service member’s rights in child custody battles and other family law matters. An experienced Spokane divorce attorney understands these issues and is prepared to proactively deal with them to achieve your desired outcome.
Attorney Julie A. Twyford has represented Washington clients for more than 30 years. She has helped countless clients get the results they deserve. Today, the legal team at Twyford Law Office fights for justice for each client we represent.
We have a perfect 10.0 rating with Avvo and are top-rated among Washington family lawyers.
When you hire our top-rated divorce lawyers in Spokane, WA, you can trust us to:
If you are facing a military divorce in Washington, we can help. Contact our law firm to schedule a free case evaluation with one of our experienced Spokane military divorce lawyers.
Some issues in a military divorce are more complicated than in a civilian divorce.
Issues of particular concern that our Spokane military divorce lawyers will address with you include, but are not limited to:
Our experienced Spokane military divorce attorneys assist you with these unique issues. We provide guidance and support to help you navigate the complex issues of a military divorce.
A military divorce is a state law matter. A service member or their spouse can file for divorce in Washington if they reside in the state or are stationed in the state.
The same grounds for getting a divorce apply to a service member and their spouse as they would a civilian couple. The primary differences in a military divorce involve the effect of assignments and deployment on child custody and the division of military pensions.
Washington is a no-fault state for divorces. The only grounds for divorce is that the marriage is irretrievably broken. Only one spouse needs to attest that irreconcilable differences resulted in the irretrievable breakdown of the marriage for the couple to obtain a divorce.
It is important to note that the Servicemembers Civil Relief Act suspends or postpones some civil matters for service members. A divorce proceeding may be delayed until a service member returns if they are deployed for missions or training. The court may grant a stay when military service prevents a spouse from defending themselves in a divorce action.
However, the law does not allow service members to avoid divorce proceedings; it only delays them. If you are concerned your spouse might try to use this against you, talk with one of our attorneys.
The same factors used in a civilian divorce are considered when deciding child custody and child support in a military divorce.
The court considers factors including:
Special laws protect a service member’s parental rights while on deployment and at home. A parenting plan must consider these rights. Our Spokane military divorce lawyers assist you in developing a parenting plan that works for everyone.
Child support is based on the Washington child support guidelines. However, the military uses different rules to define income. Each branch of the military has family support guidelines that could differ from the child support ordered by the court.
Washington is a community property state. With very few exceptions, the assets accumulated during a marriage are owned equally by the spouses. If spouses cannot agree on a property division settlement, the court decides for them.
Judges consider several factors when deciding what is equitable for property division.
Judges consider factors including:
A judge may also consider other relevant factors, including special circumstances related to a spouse’s military service.
Dividing military pensions and retirement can be very complicated. The Uniform Services Former Spouses Protection Act (USFSPA) gives states the right to divide the pension and retirement of a service member during a divorce. While the law does not automatically guarantee the spouse a share of these assets, it gives states the right to treat the assets as marital property.
Being a community property state, retirement and pensions accumulated during the marriage could be subject to property division. If the spouses do not negotiate a settlement, a judge will decide what is fair and equitable based on the evidence presented in court. It is essential for non-military spouses to understand that disability pay is not included in retired pay that can be divided in a military divorce.
A Thrift Savings Plan (TSP) is treated like a traditional 401k. Therefore, the court can include a TSP in property division for a military divorce. However, special wording must be included in the court order to ensure a spouse receives their share of the TSP.
A service member’s Survivor Benefit Plan (SBP) is another special consideration in a military divorce. The plan must be addressed in the divorce decree because it terminates upon divorce unless specific language protects the rights in the divorce decree. In some situations, an ex-spouse could continue to receive commissary, full medical, and exchange privileges when specific conditions are met.
It is a common misconception that a couple must be married for at least 10 years for an ex-spouse to receive a portion of military retirement pay. A state court can award a spouse a portion of military retirement pay regardless of the length of the marriage.
The 10/10 rule applies to automatic payments to an ex-spouse. The Defense Finance & Account Service (DFAS) will make direct payments of retirement pay to an ex-spouse if the couple was married for at least 10 years.
The service member must have performed at least 10 years of military service for the direct payments to apply, i.e., the 10/10 rule. Otherwise, DFAS does not make direct payments to the ex-spouse. The 10/10 rule does not apply to child support or alimony payments.
Military divorces do not need to be overly complicated when you hire an experienced Spokane military divorce attorney. Contact Twyford Law Office to schedule a free, confidential consultation with one of our divorce lawyers. Let us help you put your marriage behind you and begin the next phase of your life in Spokane, WA.
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