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Military Divorce

Military Divorce Lawyer in Seattle

Serving Seattle Military Families Since 1996, with 70+ Years of Combined Experience

Military divorce isn’t simply a standard Washington divorce filed by someone in uniform. Federal statutes layer over state law, retirement benefits require careful valuation, and deployment schedules can complicate everything from service of process to parenting plans. At Blair Kim Moeller, PLLC, we’ve served clients across Seattle, King County, and Washington State since 1996, and our team brings more than 70 combined years of family law and litigation experience to cases that demand it.

We handle the full range of family law matters, from initial filing through post-divorce modifications. When a case involves military pay, federal benefit programs, or an active-duty spouse stationed away from home, that breadth matters.

If you’re facing a military divorce in Seattle, call us at (888) 478-4001 to schedule a consultation. Virtual options are available for clients who are deployed or stationed away from the area.

Why Seattle Military Families Choose Blair Kim Moeller, PLLC

Family law attorney Sara Kim has resolved countless divorce cases, including high-net-worth and high-conflict matters. That experience translates directly to military divorce, where the contested questions often center on how military retirement pay is valued and how service-linked benefits are divided. These aren’t abstract legal questions. They carry lasting financial consequences for both spouses.

Our team is made up of skilled negotiators and proven trial lawyers. We pursue matters strategically and aggressively, and we stay closely involved with every client rather than handing cases off to junior staff. Virtual consultations are available, which is especially useful when a service member or their spouse is deployed or stationed outside the Seattle area.

Federal Protections & Washington Filing Rules

Active-duty service members are protected by the federal Servicemembers Civil Relief Act (SCRA), which shields them from default judgments and allows a stay of civil proceedings, including divorce, when military duty prevents full participation. The minimum postponement period is 90 days. Washington’s state-level Service Members’ Civil Relief Act (Chapter 38.42 RCW) extends comparable protections to National Guard and Reserve members called to active service for more than 30 consecutive days, and to their dependents.

Washington is a no-fault divorce state; the only required ground is that the marriage is irretrievably broken. At least one spouse must be a Washington resident to file here, and the state imposes no minimum residency period. Courts can also exercise jurisdiction when a service member is stationed in Washington, even without long-term residency.

Dividing Military Retirement Pay in Washington

The Uniformed Services Former Spouses’ Protection Act (USFSPA) authorizes state courts to treat disposable military retired pay as divisible marital property. Because Washington is a community property state, retirement benefits earned during the marriage are generally subject to division. How that division is paid out depends on the length of the marriage relative to military service.

The 10/10 Rule
When a marriage lasted at least 10 years overlapping with 10 years of creditable military service, a former spouse can receive their share of retired pay directly from the Defense Finance and Accounting Service (DFAS). Below that threshold, a court can still divide retirement pay, but the service member is responsible for paying the former spouse’s share directly.

Disability Pay
Military disability pay is generally not treated as marital property subject to division, which creates planning considerations when a service member receives both retirement and disability pay.

Custody, Support, & the Realities of Military Life

Parenting plans in military divorce cases must account for deployment and permanent change-of-station (PCS) orders. Courts regularly build in temporary custody arrangements for deployment periods and may authorize virtual visitation to help a deployed parent stay connected with their children. When a military parent’s relocation affects an existing parenting plan, court approval is typically required before the move takes effect.

Washington courts calculate child support and spousal maintenance based on income, and Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are generally included in that calculation for service members. Federal law also caps how much of a service member’s pay can be garnished for child support, with the applicable limit varying based on whether the service member is supporting a second family. These details matter, and we account for them in support calculations we handle.

We handle post-divorce modifications as well. If circumstances change after a final order, whether a new deployment or a relocation, we can help you return to court.

Schedule Your Military Divorce Consultation

Sara Kim’s experience with complex, high-stakes divorce matters, combined with our decades of practice in Seattle and King County, positions us to address the federal and state-law questions that set military divorce apart. We offer virtual consultations and bilingual services in Korean.

To discuss your situation with our team, call Blair Kim Moeller, PLLC at (888) 478-4001.

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