Can I get a waiver for legal fees in a military divorce?
In Washington, it depends on the individual case whether or not a waiver for legal fees is available in a military divorce. Generally, military members may receive a waiver of court filing fees and attorney’s fees if they meet certain requirements. The legal fees waiver applies only to those members who are on active duty or in the National Guard and reserves, and who are represented by an active military, reserve, or retired military attorney. In order to be eligible for a waiver of the legal fees, the military member must provide evidence of their military service and financial need. To qualify for the waiver of court filing fees, the service member must meet the financial eligibility requirements of the federal Poverty Guidelines. The poverty guidelines are based on the service member’s total gross household income, which includes the income of all household members. If the service member is unable to afford an attorney to represent their interests, the court may order the opposing party to pay the legal fees or allow the service member to receive the fees from their commanding officer. In addition, some nonprofit legal aid organizations may provide free or reduced-cost legal assistance to military personnel. It is important to note that even if the military member is eligible and approved for a waiver of legal fees, the other party in the divorce is still responsible for paying their own legal fees. Therefore, it is a good idea to consult a family law specialist in order to ensure that all parties are aware of the implications of a military divorce.
Related FAQs
How do I obtain legal representation for a military divorce?What are some of the laws governing a military divorce?
Can I negotiate a settlement directly with my spouse for a military divorce?
How do I know if I qualify for a military divorce?
What is a National Guard Retirement System and how does it apply to a military divorce?
How can I protect my financial security in a military divorce?
What is the difference between a legal separation and a military divorce?
Does the military provide legal assistance for divorce cases?
Does the Servicemembers Civil Relief Act apply to a military divorce?
What is a Family Care Plan and how does it affect a military divorce?
Related Blog Posts
Understanding Your Rights to Military Retirement Benefits in a Divorce - July 31, 2023The 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