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Washington Military Divorce Attorney

I got served divorce papers, but I'm deployed.  What do I do.

Once your spouse serves you with a petition for divorce, you must file a response with the Court and serve your response on your spouse.  In Washington, the deadline is 20 days.  In Oregon, you have 30 days to respond. 

If you are on active duty, however, you can ask the court to stay proceedings for at least 90 days.  You can file additional stay requests as necessary.  This right is found under the Servicemembers Civil Relief Act (SCRA), a federal law passed in 2003. 

Where do I file for divorce if I'm in the military?

Under Washington law, you can file for divorce in this state if you are stationed in Washington even if you live in a different state. 

Example:  You and your husband, who is in the military, live in Oregon.  In June 2023, your husband is mobilized to Joint Base Lewis-McChord for 1 year.  In August 2023, you tell your wife you are filing for divorce.  You can file for divorce in Pierce County Superior Court or any other county in the state.

How do I serve divorce papers on a military base?

Contrary to popular belief, the SCRA does not impose any additional requirements for service of process over and above the standard requirements under state law.

We recommend working with the installation provost marshal's office to facilitate service of process. 

Am I entitled to my spouse's military retirement?

Yes.

The Uniform Services Former Spouses Protection Act (USFSPA) is the federal law that allows state courts to treat military retirement pay as community property or separate property in a divorce and divide it accordingly. 

Keep in mind that USFSPA does not automatically entitle a former spouse to receive a portion of a servicemember's pension only that a state can court may divide military retirement pay. 

How much money can I receive under the USFSPA?

The maximum amount you can receive under the USFSPA is 50 percent of the member's military retired pay. 

How long do I have to be married to a military servicemember to be eligible for retirement benefits under the USFSPA?

There is a common misunderstanding that must be married to a servicemember for at least 10 years before you acquire a legal interest in your spouse's retirement income.  In fact, there is no minimum time requirement. 

In theory, you and your husband can divorce after one month, and you can request that the court award you a portion of his retirement pay.  Of course, the chances of you succeeding are pretty low, but that's not because of the USFSPA.  That's because, under both Washington and Oregon law, you won't have acquired a sufficient interest in his pay after one month to warrant getting any of it. 

What is the “10/10” rule under the USFSPA?

Let's say the court awards you a portion of your spouse's military retired pay as part of your divorce decree. Once your former spouse retires, you will start receiving money.  You can receive money in one of two ways:

First, your former spouse pays you directly.  For example, every month, your ex-wife sends you a check for $1,5000 or directly deposits this amount into your bank account.

Second, the military pays you directly.  This means you receive a check from the Defense Finance Accounting Service (DFAS).  Note that you must include a direct payment provision in your divorce order or DFAS will not honor it. 

To be eligible for direct payment via DFAS, you must comply with the “10/10” requirement.  There are two separate conditions to meet this requirement:

Ten Years of Marriage:  You and your spouse must have been married for at least 10 years while the servicemember was on active duty.  The duration of the marriage is calculated from the date of marriage to the date of separation.

Example:   Your husband is in the military.  You married in 2004, while he was on active duty.  He left active duty in 2006 and joined the reserves.  He resumed active duty in 2008.  You separated in 2017.  For purposes of the “10/10 rule, you have been married for 11 years (2 years from 2004 to 2006 and 9 years between 2008 and 2017). 

Ten Years of Service:  The second “10” in the “10/10” requirement means that the service member must have completed at least 10 years of creditable military service while the parties were married. 

If these 2 conditions are not met, then you are not entitled to direct payment of the servicemember's military retired pay from DFAS.  Instead, you will need to make alternative arrangements through the divorce decree or an equivalent settlement agreement. 

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