Military Divorce Lawyer Pierce County, WA
If you and your spouse share minor children and you’re beginning to navigate the process of divorce, it’s important to speak with an experienced military divorce lawyer Pierce County, WA residents trust – and to do so as soon as you possibly can. The process of splitting one household into two households generally requires one former spouse to move. Either you or your spouse are likely in the process of moving, if you’ve already decided to divorce. Whether either of you is moving down the street, across town, to a different part of the state, across state lines, or internationally, you’ll need to be fully informed about your rights and your spouse’s rights as it concerns moving, your child’s custody arrangements, and your status as a military family. Our Pierce County, WA military divorce lawyer team can help to clarify your rights and responsibilities so that you can make an informed decision about how to proceed at this time.
Moving During Divorce – Child Custody and Parenting Plan Considerations
The Uniform Deployed Parents Custody & Visitation Act (UDPCVA) restricts the actions that can be taken by a non-deployed parent of a minor child while that child’s other parent is deployed. Therefore, it is especially pressing that you contact our firm if you or your spouse is deployed and whichever of you is stateside is hoping to move during or following your divorce process. It’s worth noting that each state responds to the UDPCVA in unique ways and has its own state-specific guidelines as concerns deployed parents of minor children. Our firm will be able to explain how these laws may impact your family.
Beyond these regulations, moving during or after a divorce can be tricky when a couple shares minor children, even if one of them isn’t deployed. Child custody determinations must be made according to the “best interests of the child” standard. However, this standard does not prohibit one or both parents from moving, even if the move is not in the explicit best interests of the child. For example, a parent who needs to move out of state to take a job to support their child may be allowed to do so, even if moving that child away from its current location would be tough for that child. Every situation is unique.
Legal Guidance Is Available
Regardless of whether you’re an active service member, your spouse is an active service member, or you’re both serving the country, it’s important to understand how your status as a military family will affect your divorce process and your child custody challenges. Not every family lawyer has the knowledge and experience you’ll need to guide you through the divorce process as a military family. Thankfully, the experienced Washington legal team at Robinson & Hadeed works with military families regularly and we’d be honored to serve as your advocates at this time. Please, schedule a confidential, no-obligation family law consultation with our firm today. Our Pierce County, WA military divorce lawyer team looks forward to learning about your family’s unique situation, goals, and needs at this time.
Does Residence Matter for Military Divorce?
Sadly, there are times when it is necessary to get a divorce. Seeking a divorce from a spouse who is an active-duty service member is different from non-military civilians. The Servicemembers, Civil Relief Act, which went into effect in 2003, prevents a spouse from filing if their spouse is deployed. Both spouses must agree with the divorcement before filing with the courts, which differs from a civilian separation. Likewise, if you live in a different state than where you are currently stationed, this could make a difference in how you file for divorce. Here are your options if your place of residence is a factor.
If Stationed in the U.S.
For those stationed in the U.S., you should petition for divorce in the state where you are stationed. Your established residency does not matter in this case. However, if you live in a different state than your spouse, you can file where you currently reside. You can also file in the state where you have paid taxes or lived for the last six months. While you can file for divorce without the help of an attorney, understanding how to file for divorce from someone in the military can be confusing, which is why you should get legal assistance in doing so. Contact a military divorce lawyer in Pierce County, WA at Robinson & Hadeed Family Law offices.
If Stationed Overseas
Divorce is still possible if you live overseas. But, there are two factors that you have to consider. First, if you have legal residency within the U.S., the laws of the country where you are stationed do not apply to you. You will adhere to the state’s laws where you reside in the U.S. If you choose to separate under the statutes of a foreign country, then your divorce will not be accepted in the U.S. The second factor you must consider is if you have made a foreign country your legal residence. In that case, you will be subject to the laws of that country. Contact an experienced military divorce lawyer in Pierce County, WA at Robinson & Hadeed Family Law offices to get the help you need.
Filing for a divorce cannot be done without court involvement. Therefore, contacting a military divorce lawyer in Pierce County, WA is optimal. The military legal assistance office is suitable for information purposes, but they do not handle divorce proceedings unless uncontested. The attorneys at Robinson & Hadeed Family Law have a total of 55 years of experience with family law and are ready to give you the help you need.
