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Which state should our son file for legal separation in?

Which state should our son file for legal separation in?

Q: Does infidelity affect divorce in Washington State?

Yes, infidelity can impact divorce proceedings in Washington State, although it is a no-fault divorce state. While you don't need to prove infidelity to file for divorce, it may be considered in matters like asset division or spousal support if it has affected the marriage's finances or emotional well-being.

Full question:

Our son was married in the state of Washington 10 months ago. He went into the armed forces and while he was gone his wife committed adultery. He wants to file a legal separation. He has been in Texas and will be stationed there. Which state should he file in and would that state have jurisdiction?

Category: Divorce
Subcategory: Legal Separation
Date: 04/07/2025
State: National

Answer:

Texas does not allow for legal separation. However, a person in the armed forces who has not previously lived in Texas can be considered a resident for legal purposes if they have been stationed at a military base in Texas for at least six months and at a military installation in a specific county for at least the last ninety days. This means your son may be able to file for divorce in Texas if he meets these residency requirements (Tex. Fam. Code § 6.304).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the difference between infidelity and cheating?

Infidelity and cheating are often used interchangeably, but they can have nuanced differences. Infidelity generally refers to a breach of trust in a committed relationship, which may include emotional connections or physical acts outside the marriage. Cheating typically implies a physical act of betrayal, such as sexual intercourse. Both terms indicate a violation of the expectations of fidelity in a relationship.

Does infidelity affect divorce in Washington?

Yes, infidelity can affect divorce proceedings in Washington. While Washington is a no-fault divorce state, meaning you don't need to prove wrongdoing to file for divorce, infidelity may influence property division, spousal support, or custody arrangements. If the infidelity impacts the marriage's financial situation or the children's well-being, it could be considered during the divorce process.

What is the 10/10 rule in military divorce?

The 10/10 rule refers to the eligibility criteria for military spouses to receive certain benefits after divorce. Specifically, if a couple has been married for at least 10 years during which the service member performed at least 10 years of military service, the spouse may qualify for benefits such as health insurance and a portion of the service member's retirement pay. This rule is important for understanding financial rights in military divorce.

Does the wife get half in a divorce if she cheated?

In general, Washington follows community property laws, meaning assets are divided equally regardless of infidelity. However, if the cheating significantly impacted the marriage or financial situation, it could influence the court's decisions on property division or spousal support. Each case is unique, and the specifics can vary based on circumstances.

Does infidelity affect divorce in Washington State?

Can a military spouse go to jail for adultery?

In general, adultery is not a criminal offense in most states, including Washington. However, under the Uniform Code of Military Justice (UCMJ), adultery can be prosecuted if it negatively affects military discipline or morale. If a military spouse is found guilty under UCMJ, they could face legal consequences, including potential confinement.