Legal Question in Family Law in Washington

Divorce with children

Thanks for the information re: can i divorce a federal inmate for free. I am quite sure that i will be within the financial guidelines to have the fee waved. I have one more question. We have a 17 year old son that my spouse has not lived with in my sons life. My son has recently enlisted in the Army Reserves. Do I still have to do a divorce with children? I live in WA and he lives in Louisiana? I am sorry if these questions seem stupid.


Asked on 2/16/09, 10:44 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Divorce with children

To be a member of the armed forces at age 17(even the reserves) a person has to have consent of a parent. Although this is not formal court granted emancipation, it has that effect. I'd disclose that you have a child under the age of 18, but that he is in the military. Another approach is to look at the timing, the divorce takes a minimum of 91 days from filing and service (whichever is later) to final presentation, if your child turns 18 between filing and service and final presentation you would not need to name the child in the petition (or prepare a proposed parenting plan or child support worksheet).

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Answered on 2/18/09, 6:21 pm


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