The divorce process is already emotionally and legally complex—but if one or both spouses are active-duty military members, that complexity increases. A military divorce involves a unique combination of federal and state laws, special timelines, and military-specific benefits that must be addressed carefully.
At Story Law, we serve families throughout Bellevue and King County with deep experience in both family law and military-specific divorce issues. Whether you’re a service member or married to one, knowing what to expect can make all the difference.
What Is a Military Divorce?
Legally speaking, a military divorce follows the same core process as any other divorce in Washington State. However, there are key differences tied to:
- Jurisdiction and residency
- Military pensions and benefits
- Custody during deployments
- Federal protections for active-duty members
These factors don’t just change how a divorce is handled—they can significantly affect timelines, outcomes, and obligations.
Residency and Filing Requirements in Washington
To file for divorce in Washington, one spouse must be a resident or stationed in the state. If the service member is deployed or based out of state, Washington may still have jurisdiction if:
- Their legal residence remains in Washington
- The non-military spouse resides in Washington
- Washington is where the marriage occurred or the couple last lived together
Our divorce lawyers at Story Law help clients clarify whether Washington courts have the authority to handle their case, especially when military orders involve frequent relocations.
Military Benefits and Property Division
Military divorce adds another layer of complexity when it comes to dividing marital assets. While Washington is a community property state, federal law plays a role in dividing military benefits.
The 10/10 Rule
Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), if the marriage lasted 10 years or more while the service member was on active duty, the non-military spouse may receive a direct payment of retirement benefits from the Defense Finance and Accounting Service (DFAS). However, even marriages under 10 years may result in pension division—it just won’t be paid directly.
Other Considerations
- BAH (Basic Allowance for Housing): May factor into child or spousal support
- TRICARE health coverage: May continue for the spouse temporarily, or longer in certain cases
- SBP (Survivor Benefit Plan): Needs to be formally elected during divorce to protect future payments
Failing to address these benefits during the divorce can result in lost entitlements or incorrect support calculations.
Child Custody and Parenting Plans with Active Duty Parents
Custody issues in military divorces are particularly sensitive due to deployment, frequent relocations, and irregular schedules. Washington courts prioritize the child’s best interests, but they also recognize the practical challenges faced by military families.
Key Considerations:
- Family care plans: Active-duty parents must often submit care plans outlining who will care for the child during deployment
- Relocation: May require court approval if it affects the parenting plan
- Temporary modifications: Courts can issue temporary custody arrangements during deployment
- Virtual visitation: Often used to maintain continuity during active-duty absences
At Story Law, we craft parenting plans that reflect both military obligations and the need for emotional stability for children.
Service Members Civil Relief Act (SCRA) Protections
One of the most important legal tools in a military divorce is the Service Members Civil Relief Act (SCRA). This federal law protects active-duty military personnel from legal actions—like divorce proceedings—while they are unable to respond due to service.
Key protections include:
- Postponing court dates during deployment
- Preventing default judgments if the service member cannot appear in court
- Allowing for more flexible legal timelines
Our firm regularly helps military clients file for SCRA protections to ensure fairness in timing and procedure.
Support Obligations: Child Support and Spousal Maintenance
When calculating child support and spousal maintenance (alimony), military pay is treated differently than civilian income.
Calculating Support:
- Income includes base pay, BAH, and BAS (Basic Allowance for Subsistence)
- Support orders can be enforced through DFAS wage garnishment
- State guidelines apply, but military income structure must be properly interpreted
Washington courts follow general family law principles in determining support, but working with a lawyer who understands military compensation ensures accurate and enforceable results.
Why You Need a Divorce Lawyer Experienced in Military Cases
The legal process for divorce becomes far more complicated when military service is involved. Having a divorce lawyer who understands military law, federal statutes, and DFAS protocols can make the difference between a fair settlement and one full of costly mistakes.
A military-experienced family law attorney can help you:
- Confirm proper jurisdiction
- Understand federal protections like SCRA
- Divide military pensions legally and fairly
- Draft parenting plans that account for deployments
- Calculate support correctly using military-specific pay structures
At Story Law, we’ve handled numerous military divorces throughout Bellevue, providing personalized, strategic guidance tailored to each family’s unique circumstances.
Why Story Law Is a Trusted Name in Military Divorce
Our clients choose Story Law because we combine deep legal knowledge with real-world military experience. Whether you’re stationed at Joint Base Lewis-McChord, deployed overseas, or married to an active-duty service member, we’re equipped to support your needs with:
- A respectful, results-driven approach
- Experience with federal and state regulations
- Compassionate support through high-stress transitions
- A strong reputation in the Bellevue family law community
We don’t just handle paperwork—we help protect your rights, benefits, and family relationships.
Call to Action: Talk to a Bellevue Divorce Lawyer Who Understands Military Life
If you’re facing a military divorce in Washington, you need more than a standard attorney—you need someone who understands both civilian family law and military structure.
We’re here to protect your rights, your benefits, and your future.
