Military Divorce Attorneys in Gig Harbor, WA
A military divorce in Gig Harbor, Washington, can cause major stress, emotional trauma, and the loss of your future, your rights to see your children, and your financial stability. A divorce can happen to anyone, and unfortunately that includes members of our military. A military divorce shares many similarities with a civilian divorce, but it’s important to remember the key differences that can set your case apart from anyone else’s. No two divorces are totally the same: there are assets and arguments and a completely unique marriage to keep track of, and without the help of a divorce lawyer, you could run the risk of losing everything you’ve worked hard to build for your family.
When it comes to a military divorce, you’ll oftentimes be forced to decide what’s most important to you. As in other divorces, you risk losing the right to see your children frequently, or your assets (such as real estate, personal property, businesses, etc.). You’ll also need to pay spousal support after your divorce, which is intended to ensure quality of life for your ex after the divorce is finalized. However, in a military divorce, you also run the risk of losing a large amount of your pension, which can complicate your ability to plan for your future. Your children, your pension, and your spousal support are three major considerations for your divorce, and you risk losing one or all of these if your divorce goes poorly.
About Pensions:
Your pension is a key to financial stability after you leave the military. A pension ensures a comfortable retirement, but it’s also at risk in a military divorce in Gig Harbor, WA. Members of the armed forces can receive a pension after they’ve put in twenty years of service (or acquired the necessary points, in the case of the National Guard). However, in a divorce, your ex can be entitled to a sizeable portion of your pension, leading to difficulties adjusting to retired life. Why is this the case? Unfortunately, not everything you earn is fully yours after you get married.
In a divorce, there are two types of assets to keep track of: separate property and marital property. Separate property includes property that is acquired before your marriage. This can include assets you collected before tying the knot, but it also extends to cover any inheritances left in your name, or gifts given to you by your spouse over the course of your marriage. Separate property is typically safe in the event of a divorce, but marital property is a completely different story. Marital property includes all assets acquired during the course of your marriage, and is fair game in the event of a divorce. And since a pension is intended to kick in after your retirement and is contributed to while you are married, it counts as marital property.
Protect Your Future with Robinson and Shaheed
Nobody wants to be left scrambling for pennies after their retirement. If you’re anticipating a bitter divorce, it pays to be prepared. A military divorce can mean being forced to choose between your kids, your pension, or hefty spousal support payments – and that’s a position that nobody should ever be forced into. Get help with your military divorce in Gig Harbor, WA, and reach out to Robinson and Shaheed today.
If you’re a service member, you have come to the right place. Shannon Hadeed has over a decade of experience in military divorce, and understands the nuances of military law. You have unique challenges that civilians don’t when they want to split up. For example, we understand how important retirement and disability pay are when it comes to military divorce. Our Gig Harbor office is near Joint Base Lewis-McChord. Jeffrey A. Robinson served as the legal counsel for the Washington State Veterans Home, Retsil, from 1977 to 1994. While practicing law in Virginia Beach, Virginia, Shannon Hadeed worked near many military bases, including a Naval Air Station, Army bases, Air Corps base and Marine Corps base. In recognition of her stellar representation, one of her clients had a Navy oar commissioned for her, complete with a plaque of commendation. Her grandfather, Major Rudolph Webster, a decorated Army veteran from the Korean War and Vietnam, taught her marital arts and trained her for law enforcement competitions in firearms when she was an Assistant District Attorney. She shares this short case story:
Client Review
"I cannot recommend Shannon and her team enough. They held my hand through the entire process of winning my very complicated case. Shannon is knowledgeable and a hard hitter in court. If you need a lawyer you need Shannon on your side."
Lauren Pritchett
Top 7 Unique Child Custody Challenges In Military Families
When military families are faced with divorce, there will be a multitude of unique challenges that will require guidance from military divorce lawyers. Robinson & Hadeed offer experienced lawyers who understand the complexities involved in custody battles within military households. Serving our country comes with its own set of challenges, and when divorce enters the picture, the situation can become even more intricate. In this article, we’ll explore seven common hurdles military families encounter when dealing with child custody matters.
- Deployment Schedules
One of the primary challenges military families face in child custody cases is managing deployment schedules. Frequent deployments can disrupt parenting plans, making it challenging to maintain consistent custody arrangements. Our team works closely with military families to develop flexible custody agreements that accommodate deployment schedules while prioritizing the best interests of the child.
- Relocation Orders
Military families often receive relocation orders, requiring them to move to different duty stations. These orders can complicate existing custody agreements, especially if the other parent opposes the relocation. Working with a legal professional who is well-versed in handling relocation cases can help military parents navigate the legal process to ensure their rights are protected.
- Custody Modifications
Military life is dynamic, with frequent changes in duty assignments and deployments. As a result, custody arrangements may need to be modified to accommodate these changes. Our military divorce lawyers have extensive experience assisting clients with custody modifications, ensuring that the agreements reflect the current circumstances and best serve the child’s welfare.
- Interstate Custody Issues
There can be interstate custody disputes when military families reside in different states due to frequent relocation. Resolving these issues requires expertience in both family law and interstate jurisdiction. Our team of experienced legal professionals have the knowledge and resources to handle interstate custody cases effectively, providing our clients with comprehensive legal representation across state lines.
- Communication Challenges
Communication can be challenging for military parents, particularly during deployments or when stationed in remote locations with limited access to technology. Maintaining regular communication with the child and the other parent is essential for preserving parental relationships and ensuring the child’s well-being. Our team assists military families in developing communication plans that facilitate ongoing contact and involvement in the child’s life.
- Custody During Emergency Deployments
Emergency deployments can occur with little notice, leaving military parents grappling with urgent custody concerns. In such situations, quick action is crucial to establish temporary custody arrangements and ensure the child’s safety and stability. Working with an experienced lawyer provides expedited legal assistance to military families facing emergency deployment situations, safeguarding their parental rights and protecting the child’s best interests.
- Deployment Related Stress
Deployment-related stress can impact a service member’s ability to fulfill their parental responsibilities effectively. Coping with the emotional and psychological toll of deployment while navigating custody disputes can be overwhelming. Our compassionate legal team understands the unique challenges military families face and provides the support and guidance needed to address deployment-related stress and its impact on child custody matters.
Support For Military Families
Our firm recognizes the unique child custody challenges that military families encounter and are committed to providing them with comprehensive legal support. Our experienced military divorce lawyers are here to help military parents who are facing custody issues. Contact us today to schedule a consultation and learn how we can assist you in achieving a favorable outcome for your child custody case.
Contact Robinson & Hadeed today for expert legal assistance with your military child custody case.
What Is A Military Spouse Entitled To In A Divorce In Washington?
Our Gig Harbor, WA military divorce attorneys know that in a Washington divorce, a military spouse is entitled to a fair share of marital assets, which may include a portion of the service member’s military retirement benefits, depending on the length of the marriage and overlap with military service. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), they may receive direct payments if married for at least 10 years overlapping with military service. Additionally, they may be entitled to spousal support and child support, determined by state guidelines. Healthcare benefits through TRICARE can also continue under certain conditions, such as the 20/20/20 rule for long-term marriages. Attorney Nicole Pryor served in the military and understands the intricacies that come with a military divorce.
What Unique Considerations Should We Keep In Mind During A Military Divorce?
Divorces involving military personnel come with specific considerations that are not present in civilian cases. For example, service members and their spouses must navigate the complexities of military benefits, including retirement pay, healthcare, and housing allowances. Additionally, deployments and relocations can affect custody arrangements and visitation schedules. It’s important to understand the USFSPA and how it impacts the division of military retirement benefits. Ensuring that all legal paperwork complies with both state and federal regulations is crucial for a smooth process.
How Can We Handle Child Custody And Visitation If One Of Us Is Frequently Deployed?
Child custody and visitation in military divorces require flexibility due to the nature of military service. Our military divorce attorneys in Gig Harbor understand that it’s essential to create a detailed parenting plan that accommodates deployments and training schedules. This might include stipulations for electronic communication, such as video calls, during deployments to maintain the parent-child relationship. The plan should also outline how transitions will occur when a parent returns from deployment. Working with a mediator or a family law attorney experienced in military issues can help develop a plan that prioritizes the children’s best interests while respecting the service member’s duties.
What Should We Know About Dividing Military Retirement Benefits?
Dividing military retirement benefits is a significant aspect of a military divorce. Under the USFSPA, Washington state courts can treat military retirement pay as marital property, subject to division. The “10/10 rule” allows direct payment from the Defense Finance and Accounting Service (DFAS) to the former spouse if the marriage lasted at least ten years overlapping with ten years of service. It’s crucial to have a clear and precise division order in the divorce decree to avoid future disputes.
Are There Specific Legal Protections For Military Members During Divorce Proceedings?
Yes, service members have certain legal protections during divorce proceedings under the Servicemembers Civil Relief Act (SCRA). The SCRA provides provisions that can delay court proceedings, including divorce, while the service member is on active duty and for a short period thereafter. This is to ensure they are not disadvantaged because of their service commitments. Additionally, the act can offer protection against default judgments and allows for the temporary suspension of civil court proceedings.
At Robinson & Hadeed, we are committed to supporting military families through the divorce process with compassion and expertise. Attorney Nicole advocates for each client with incredible tenacity and knows first-hand what it is like to go through a divorce as a military member. Navigating a military divorce in Washington requires specialized knowledge, and we are here to help you every step of the way. If you have any questions or need assistance, please don’t hesitate to contact our military divorce attorneys in Gig Harbor.
“A military officer I represented returned from his deployment and came directly to my office. Sadly, he couldn’t go home. While he was gone, his wife was cheating on him, left him, and sold his personal property on craigslist – including their dog. All that made her look awful in front of the court. After the divorce, my officer client got the house—though she was living in it up until then—and got 50-50 custody of their children when he was not deployed. This was the best outcome possible. I build two weeks uninterrupted time with the children into my military divorce cases.”
Are you currently active duty military or a Veteran contemplating divorce in Gig Harbor?
Give us a call today: (253) 851-5126
