You were told that military servicemembers have a higher divorce rate, but that doesn’t make it any easier. ย Most soldiers that come into our office are shocked and didn’t see it coming. ย If that’s you, you aren’t alone. ย The question is what to do next. ย Burying your head in the sand isn’t an option. ย Since you were served within the State of Washington, you have 20 days to file your response. ย If you don’t file a response within 20 days, you will be in default. ย You don’t want to be in default.
Getting served while on active duty and going overseas?
If you are leaving to go overseas soon, SCRA is your best friend. ย The Servicemembers Civil Relief Act (SCRA) will allow you to stay the proceedings or “stop the clock” while you take care of your responsibilities to our country.
Do I even need an attorney? Often times, no.
Your firstย question to ask yourself is do I need an attorney? ย For junior enlisted soldiers with short marriages, generally no you don’t especially if you don’t have children. ย In those cases, if you need help and want to protect yourself, considerย for pro se services as your first option. ย The JAG office can be a good bet, but so can free legal clinics if you want to talk to a private attorney. ย Many family attorneys offer free consultations; please note, we do not offer free consultations. ย If you are going it alone, make sure he or she isn’t trying to get anything you own. ย That should be your bright line.
If your an Army officer with children and/or have a long term marriage, you are going to want to have someone at least take a look at the petition for dissolution that was served upon you. ย If you do end up hiring an attorney, make sure your attorney is familiar with unique issues related to military divorcesย such as the 20/10 rule. ย They should be familiar with USFSPA and working through the mechanics of whether or not you want to even accept jurisdiction in Washington State. ย This is important because many states have more favorable laws for asset divisions and your home state may be one of them.
