What is the difference between a regular divorce and a military divorce?

A regular divorce and a military divorce are very different. In a regular divorce, spouses must follow the laws of the state in which they are filing for divorce. In Washington, couples must file a divorce petition and attend a hearing. Depending on the complexity of their case, couples may also need to attend a settlement hearing or proceed with a trial. Generally, the laws of Washington guide the divorce process. In contrast, military divorce is a specialized form of divorce. Military divorces are governed by the US Uniformed Services Former Spouse Protection Act and the laws of the state of residence of the service member or former service member. In Washington, military divorces must be filed in the same manner as regular divorces. The USFSPA dictates that the court considers the service member’s disposable retired or retainer pay as part of the marital estate and is divided just like any other asset. Additionally, the USFSPA requires the court to divide service member’s Survivor Benefit Plan and Thrift Savings Plan, if applicable. In a military divorce, each party must provide evidence that supports the determination of their property division. This is in contrast to a regular divorce, where property division is typically assessed through equitable distribution laws. Overall, the main difference between a regular divorce and a military divorce is the special provisions laid out by the USFSPA which direct how service member’s pay and benefits should be divided. This is in addition to the other applicable state laws.

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