As a service member or spouse of an active duty service member, or a person enjoying military retirement benefits, you have a lot to protect throughout your divorce. The U.S. military creates significant challenges related to child custody and parenting time, fair and just settlement of retirement benefits, and ancillary benefits such as housing allowance. The fact that your military divorce will be processed through your local county court in Washington State means that you need an attorney who truly understands the unique circumstances and issues tied to a military divorce.
We Are the ONLY firm that Focuses Primarily on Military Divorce in the State of Washington
At Swift & McDonald, P.S., in Seattle, we believe that every member of the military, including spouses and children, should receive aggressive and effective legal representation in divorce. I am attorney Catherine McDonald. Our firm is recognized as one of the nation's leading military law firms serving the needs of members of our U.S. armed forces. If you are considering filing for a divorce in Washington State and you are a dependent or in the military, it makes sense to talk to an attorney who understands the hot point issues that will arise during the process.
My law partner, Charles Swift, is a retired JAG officer who has earned an international reputation for representing clients in the highest-profile military law cases. Together, we make a formidable team that works together to protect the rights of people involved in military law matters, including divorce and family law issues.
Start by scheduling a free consultation to discuss your situation, including:
- Child custody, support and visitation for active duty personnel: Members of all branches of service are subject to extended deployments and TDY that interrupt or inhibit their ability to interact with their noncustodial children. There are many unique solutions to working out a fair parenting schedule that works around the requirements for travel, unusual work schedules, and deployment.
- Military retirement benefits: Federal law permits, but does not require, a state court to award a dependent spouse up to one half of a service member's current or future retired pay. Whether not a portion of a current or future military retirement will be awarded to dependent spouse and what percentage, if any, is one of the central questions of any military divorce. The answer to this question will be dependent upon a multitude of factors including: the length of the military member service at the time of divorce, the length of the marriage, and whether there is other property that is better suited for division.
- Property division: Most property acquired during the marriage, whether or not acquired in Washington State, including service member's earned or potential military retirement, dependent spouses pension, real estate and IRAs, and other private investments, are presumed to be community property and subject to division under Washington State law. Washington State is a no-fault divorce state and the reasons for divorce are not considered in the property division. Instead, eligible property is divided on an equitable or equal basis as determined by the court. What constitutes an equal or fair division, however, varies greatly based on the facts of your case.
- Other military benefits: Service members' families enjoy a range of unique benefits that can create some unusual legal circumstances during divorce. Family members are potentially entitled to have access to the military health care system and PX privileges. Whether benefits are available or not, however, is a matter of federal rather than state law and will be determined by the Department of Defense, not the court. Expertise on how military benefits are awarded is essential in ensuring that the court properly determines support obligations and in properly planning divorce proceedings to ensure a maximization of all available assets.
- Domestic violence: Statistically, families in the military have a high incidence rate of domestic violence. Accusations of child abuse or domestic assault often arise out of child custody battles. Fighting to protect civil rights in criminal and family law matters involving domestic violence is one of the most important factors involved in many military divorce cases.
Free Consultation · Central to Military Bases in Washington State
You deserve to have a lawyer whom you can trust to be on your side. Trust starts with getting clear, honest answers about your specific issues and what to expect from the process. As your attorney, I will be responsive, clear and compassionate about your circumstances. When you have a question, I will respond as quickly as possible. When you don't understand an issue, we will not move forward with your case until you do. We will work together to ensure that your rights, your financial interests and your children receive the full protection of the law.
Washington State Child Custody, Support, and Military Benefits in Divorce
From offices in Seattle, I represent active duty and retired U.S. military personnel and their families in divorce and family law matters throughout Washington State. Contact the law firm of Swift & McDonald to arrange a free initial consultation with an experienced Washington military divorce attorney today.
Free Consultation · Central to Military Bases in Washington State
You deserve to have a lawyer whom you can trust to be on your side. Trust starts with getting clear, honest answers about your specific issues and what to expect from the process. As your attorney, I will be responsive, clear and compassionate about your circumstances. When you have a question, I will respond as quickly as possible. When you don't understand an issue, we will not move forward with your case until you do. We will work together to ensure that your rights, your financial interests and your children receive the full protection of the law.
Washington State Child Custody, Support, and Military Benefits in Divorce
From offices in Seattle, I represent active duty and retired U.S. military personnel and their families in divorce and family law matters throughout Washington State. Contact the law firm of Swift & McDonald to arrange a free initial consultation with an experienced Washington military divorce attorney today.
