Can I file for divorce while on active duty in the military?
Yes, you can file for divorce while on active duty in the military. In Washington, service members are able to file for a dissolution of marriage regardless of their military status. A service member can file for dissolution of marriage as long as the district court is satisfied that the service member’s spouse has been notified. The military spouse must be aware that the court can take a significant amount of time to finalize the divorce if they have not been properly served with the necessary documents. If a service member is deployed and cannot be present for the dissolution of marriage proceedings, Washington courts can decide the divorce case in his or her absence. The service member’s spouse is required to file an affidavit to prove that it would be too difficult for the service member to appear and the judge will determine whether or not the divorce can be carried out without them. Washington courts allow for service members to receive some level of protection from the divorce proceedings. The court can delay the proceedings until the service member is able to appear in court, and the court can also limit the motions the spouse can make while the service member is away. If the service member is deployed and unable to appear in court, the court can appoint a lawyer on behalf of the service member. This lawyer will provide the service member with legal representation and advice, and work to ensure that the service member’s rights are not violated during the process. The lawyer appointed on behalf of the service member will also protect them from any judgments or orders made without their presence.
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