Best Military Divorce Lawyers in Virginia

About Military Divorce Law in Virginia, United States

Military divorce involves the dissolution of marriage where at least one spouse is an active duty, reserve, or retired member of the United States Armed Forces. In Virginia, military divorces are subject to a combination of federal laws, such as the Servicemembers Civil Relief Act, as well as state-specific divorce guidelines. These cases can be more complex than civilian divorces because of issues such as military pensions, deployment, jurisdiction questions, and child custody arrangements. Special laws exist to protect the rights of servicemembers and ensure fair outcomes for both spouses.

Why You May Need a Lawyer

A lawyer can be vital in military divorce proceedings, particularly in the following situations:

• You or your spouse is actively serving and deployed or stationed outside Virginia.
• You are uncertain about how military pensions or benefits will be divided.
• Child custody, visitation, and support may be complicated by military duties and relocations.
• There are disputes over spousal support or property division, especially where military pay and allowances are involved.
• You have questions about health care or continued base privileges after divorce.
• You need to ensure compliance with both Virginia law and federal protections for servicemembers.

Because military divorce law combines unique federal and state regulations, having an experienced attorney can help protect your rights and guide you through any unique hurdles of your case.

Local Laws Overview

Virginia law requires at least one party to be a state resident for at least six months before filing for divorce. For military personnel, residency can often be established if they are stationed in Virginia. Some key Virginia-specific rules regarding military divorce include:

• Jurisdiction - The court generally has jurisdiction if the servicemember lives, is stationed, or claims Virginia as their home of record.
• Division of Military Retirement - Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Virginia courts can divide military pensions as marital property if at least 10 years of marriage overlap with 10 years of military service (the 10-10 rule), but different rules may apply for non-direct payments from the Defense Finance and Accounting Service (DFAS).
• Service of Process - Special procedures apply for serving active duty military members, with allowances for deployment or active service.
• Child Custody and Support - Virginia courts consider the best interests of the child, and military duties can affect custody arrangements and require flexible parenting plans.
• Support Obligations - Calculation of child and spousal support may involve basic pay, housing allowances, and special pays received by the servicemember.
• Legal Protections - The Servicemembers Civil Relief Act provides certain protections for active duty members, such as the ability to delay court proceedings while deployed.

Frequently Asked Questions

What makes a military divorce different from a civilian divorce in Virginia?

Military divorces must comply with federal laws that protect servicemembers, and they involve unique issues like military retirement benefits, jurisdiction questions, and the effects of deployments on custody and divorce timing.

How is military retirement divided in a Virginia divorce?

Military retirement can be treated as marital property. Virginia courts follow federal guidelines for dividing retirement benefits, and DFAS will make direct payments only if the marriage overlaps with service for at least 10 years.

Can I file for divorce in Virginia if my spouse is stationed elsewhere?

Yes, as long as you or your spouse meets Virginia’s residency requirements, you can file for divorce in Virginia even if the servicemember is stationed out of state or overseas.

How does military deployment affect the divorce process?

If a servicemember is deployed, the Servicemembers Civil Relief Act may allow for postponement, or “stay,” of divorce proceedings to ensure fair participation in the case.

What happens to child custody and visitation when a parent is deployed?

Virginia courts are sensitive to the challenges of military service. Custody and visitation orders can be modified to accommodate deployments, and temporary custody arrangements can be created during periods of active duty.

Will I still have access to military benefits after divorce?

Eligibility for continued military benefits depends on several factors, including the length of the marriage and overlap with military service. The 20-20-20 rule allows full benefits for some former spouses.

Can a military spouse receive spousal support in Virginia?

Yes, spousal support may be awarded based on factors such as length of marriage, need, and the income of both parties, including military pay and allowances.

Which state’s laws apply in a military divorce?

Generally, the state where the divorce is filed and where jurisdictional requirements are met will apply its divorce laws, including those for asset division and support.

Are there special rules for dividing VA disability benefits?

VA disability benefits are not considered divisible marital property under federal law, though they may be considered as income for child or spousal support calculations.

Can I handle my military divorce without an attorney?

It is possible but not recommended. Military divorces involve complicated regulations and the risk of losing important benefits or rights. A lawyer with experience in military divorce can help ensure that your interests are properly protected.

Additional Resources

Here are some helpful resources for those seeking legal advice about military divorce in Virginia:

• Virginia State Bar - Lawyer referral services and information on family law
• Legal Aid Society of Eastern Virginia - Assists those who meet income eligibility for free legal services
• Virginia Department of Veterans Services - Offers support to veterans and their families
• Military OneSource - Free resources and confidential counseling for servicemembers and their families
• Defense Finance and Accounting Service (DFAS) - Handles military pay and benefits, including retirement division
• Servicemembers Civil Relief Act (SCRA) Fact Sheets - Details about legal protections for active duty members
• Local military legal assistance offices - Each military base provides free legal counseling for servicemembers

Next Steps

If you are considering or facing a military divorce in Virginia, take the following steps:

• Document all relevant information, such as your marriage certificate, pay statements, LES (Leave and Earning Statements), and orders of assignment.
• Consult with a lawyer experienced in both family law and military divorce matters. If possible, seek a free consultation to discuss your case and potential strategies.
• If you or your spouse are on active duty, contact your local legal assistance office for preliminary guidance and forms.
• Consider using resources such as the Virginia State Bar or Legal Aid services if cost is a concern.
• Stay informed about both your rights and obligations under state and federal law as you move forward, and follow any court orders or agreements carefully.

Taking prompt, informed action with the guidance of a qualified attorney can help ensure a smoother process and protect your interests through every stage of your military divorce in Virginia.