Are there any special considerations for service members in filing for a military divorce?
Yes, there are special considerations for service members in filing for a military divorce in Washington. First, a service member must understand that a military divorce is a state court proceedings, which means the laws of the state will determine the outcome of the case. This means that service members must familiarize themselves with the local state family laws. Second, because of the special circumstances of service members, both spouses may be granted certain legal rights that would not be available to civilians in a similar situation. These rights include additional financial assistance for the spouse who does not serve in the military, such as sole custody of children, a share of the military pension, and wife’s right to a continuation of health care coverage after the divorce. Third, service members should also be aware of the Servicemembers Civil Relief Act, which provides temporary protections in legal matters for active-duty service members who are deployed. This can impact a divorce case and has the potential to delay proceedings until the service member returns from deployment. Finally, service members should also be aware of the Uniformed Services Former Spouse Protection Act, which protects the financial interests of the military service members’ former spouses in case of a divorce. This act provides additional financial security to former spouses after a divorce, including the right to receive a portion of the military pension. Overall, service members should be aware of the various special considerations that exist when filing for a military divorce in Washington.
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