Military Divorce

Attorneys Providing Trusted Guidance Through Military Divorce

Located near Joint Base Lewis McChord, the attorneys at Lutz & Associates, P.S., are equipped to handle and have experience dealing with divorce and family law matters within military families.

  • Having a loved one in the military puts a strain on your entire family. Unfortunately, this career choice sometimes tears families apart. We are dedicated to resolving your case with compassion and the sensitivity warranted by the nature of the case.
  • Our office sees the same types of family law cases in military families as we do in civilian families. The difference is the extreme stress that is placed on military families, especially if the service member has been overseas or is being sent overseas.
  • Our attorney, David Lutz, was a member of the military for many years. He can provide perspective when pursuing cases of military divorce and family law. Mr. Lutz understands the unique pressures that members of the military face. This empathy assists us in pursuing your case more effectively.

We understand the additional stress that military families endure. Divorce and other family law matters related to families of servicemen and women are all too common. Since lawyer David Lutz was in the military for quite some time, we are able to assist you with all of your military divorce proceedings. Though these can be painful divorces, sometimes it is in the best interest of all the parties involved. Let us assess your case involving a member of the military.

How Does A Military Divorce Differ From A Civilian Divorce?

Ultimately, a divorce is a state law matter, not a military court one. The procedures for getting divorced in Washington are similar whether one or both spouses are on active duty, or neither is. The most important differences typically involve the possible division of military pensions and the effect deployments and temporary duty assignments can have on child support arrangements.

What Is A Military Spouse Entitled To In A Divorce?

Washington is a community property state, so if it is your state of legal residence, you and your spouse will divide community property – assets acquired during the marriage – 50-50.

However, the question of which state you should file for divorce in is complicated for military couples, who often moved to a different state for a temporary deployment. Your state of legal residence is defined as “residency plus intent to remain.” So, if you moved to Washington fairly recently and intend to move back to your home state, you might be able to file in that state instead.

Can A Military Spouse Keep Benefits After A Divorce?

You may also be entitled to a portion of your spouse’s military pension. And if you qualify under the 20/20/20 rule, you can keep your military ID card and privileges. To qualify, the marriage must have lasted at least 20 years, the military spouse must have served at least 20 years and there must have been at least 20 years of overlap between the marriage and the military service.

How Can A Military Duty Assignment Affect Child Custody Arrangements?

Being active duty in the military does not disqualify a divorcing parent from joint child custody or even sole custody. Still, the parenting plan should consider the possibility that the parent in the military will be sent out of state or overseas for an extended period. You can prepare for this by making arrangements in case of a military duty assignment. For example, the other parent might assume sole custody for that time or the military spouse’s new spouse or parents could take over temporarily.

Contact A Military Divorce Attorney At Lutz & Associates, P.S.

Click here to contact a military divorce attorney at Lutz & Associates, P.S., to enlist professional help. You may also call our Tacoma offices at 253-292-5939 or text us at 253-471-7774. We are sensitive to the nature of your case. We will use our experience to confidently pursue your case to get a resolution as quickly as possible. Let us assess your case and determine the best course of action in your individual situation.

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