Reaching a Fair Resolution for Military Families in Vancouver, WA
Military families face unique challenges. From moving between various states and sometimes different countries to dealing with childcare issues when one or more parents are deployed for duty in active combat zones, the military life can be tumultuous for family members. These circumstances can complicate matters such as child and spousal support issues as well as child custody concerns. It is not uncommon for marriages involving a member of the military to crumble as a result.
If you are going through a divorce involving a military service member, you should obtain the professional legal counsel of a Vancouver military divorce attorney. At Pacific Cascade Legal, we focus our practice on family law issues, including divorces where one or more spouses is a member of the U.S. armed forces. We have the necessary training and knowledge to help make sure you and your family’s best interests or properly considered during divorce proceedings involving someone from the military.
If you have questions about military divorces, please do not hesitate to call our office at 360-506-6332 for a free initial consultation about your case today.
Comprehensive Legal Representation
When one or more parties to a divorce is a military service member, finding a just legal resolution to issues can be more challenging than civilian divorces.
A spouse’s status as an active duty or reserve member of the armed forces can affect various family law issues, including:
- Applicable state laws – for many military families, one of the threshold issues in a divorce involves figuring out which state they should file for divorce. This issue is further complicated in situations where a spouse is currently serving abroad.
- Child support determinations – obligations regarding child support turn on the laws of each state. We can help you clarify child support obligations pending divorce and upon final judgment of the dissolution of your marriage.
- Child visitation and parental responsibilities – custody, visitation, and shared parental responsibilities are difficult to hash out where one parent is a member of the military. Frequent relocations and deployments can make sticking to a set custody and visitation arrangement tricky.
- Retirement – property division issues are governed by state law. For many jurisdictions, there are special rules regarding the distribution of property rights regarding military benefits.
How Do I File for Divorce in the Military?
Military divorce is governed by both state and federal laws. For example, federal laws may determine how the military pension is divided, while state laws may determine how spousal support (or alimony) is awarded.
Military service members and their spouses have three options regarding where they can file for divorce:
- The state where the spouse filing lives;
- The state where the military member is stationed; or
- The state where the military member has legal residency.
Our experienced military divorce attorneys can help you navigate the process in Vancouver, WA.
What Is a Military Spouse Entitled to After Divorce?
The Uniformed Services Former Spouse Protection Act (USFSPA) is a federal law that provides some benefits to former spouses of military members. Former spouses who have not remarried may receive medical, commissary, exchange and theater benefits if they meet the requirements of the 20/20/20 rule:
- The former spouse was married to the military member for at least 20 years;
- The military member has performed at least 20 years of service and is eligible for retirement pay;
- The couple was married during at least 20 years of the member's retirement-creditable service.
What Is the 10/10 Rule in Military Divorces?
The 10/10 rule allows former spouses to receive a portion of the military members’ retirement pay. In order to qualify:
- The couple needs to have been married for 10 years or more;
- The military member needs to have performed at least 10 years of service.
Quality Legal Advocacy from Pacific Cascade Legal
At Pacific Cascade Legal, you can rely on the knowledge and experience of our dedicated Vancouver military divorce lawyers. We provide families with comprehensive legal services based on our unique approach to attorney-client relationships. We strive to form a strong, working relationship with clients, so we are in a better position to understand and advocate for their rights. Our legal team places a premium on finding a mutually beneficial resolution to matters like military divorces. However, if the circumstances indicate that reaching a compromise may be futile, we are prepared to zealously fight for you and your family’s best interests using whatever legal means are available.
Learn more about how our skilled Vancouver WA military divorce attorneys can assist and advocate for you. Call us at 360-506-6332 or contact us online today.