What is the difference between a legal separation and a military divorce?

A legal separation and a military divorce are both methods of ending a marriage, but there are some important differences. A legal separation is a process in which married couples can determine the legal rights and obligations of the spouses during their separation period. A couple must still be legally married, but they are not living together and have decided to separate. The couple can decide how to divide their property, decide on a visitation schedule, and take other steps to define their relationship. In Washington, a legal separation does not require a court order and can be agreed upon by the spouses. A military divorce, however, is a formal procedure in Washington that requires a court order and involves dissolving the marriage. A divorce legally ends the marriage and requires the court to make a ruling on the issues of the divorce. Issues such as child custody, child support, alimony, property division, and debt division must be settled by the court. In addition, a military divorce requires both spouses to comply with the Servicemembers Civil Relief Act, a federal law that protects active-duty military service members from being taken advantage of while they are on active duty. In summary, a legal separation is an agreement between the spouses while they are still married, while a military divorce is an official court order that legally ends the marriage and settles divorce-related issues.

Related FAQs

What are the specific laws surrounding military divorce?
What is a Family Care Plan required in a military divorce?
What are the residency requirements for filing for a military divorce?
How is the division of military retirement benefits determined in a divorce?
What is the difference between a regular divorce and a military divorce?
Can I file for divorce without a lawyer?
What are the tax implications for a military divorce?
Does the Servicemembers Civil Relief Act apply to a military divorce?
What is the Servicemembers Civil Relief Act and how does it apply to military divorces?
How can I protect my financial security in a military divorce?

Related Blog Posts

Understanding Your Rights to Military Retirement Benefits in a Divorce - July 31, 2023
The Top 5 Things You Need to Know about Military Divorce Laws - August 7, 2023
Exploring How Spousal Support is Calculated in a Military Divorce - August 14, 2023
Dividing Assets in a Military Divorce: What You Need to Know - August 21, 2023
What You Need to Know About the Military's Role in Divorce Proceedings - August 28, 2023