Filing For Divorce In Virginia When You Or Your Spouse Is A Military Member
Military members and their families make many sacrifices for their country. Unfortunately, this can strain marriages. If you are considering a breakup, the rules governing Virginia divorce proceedings are generally more complex than in a civilian divorce.
Our Virginia divorce lawyer provides trusted, experienced legal representation to clients in these cases. Find out how military divorce in Virginia differs and the steps you can take to protect your rights throughout the process.
How a Military Divorce in Virginia Is Different Than Civilian Cases
When getting a military divorce in Virginia, the same general steps apply as in any other divorce under the Virginia Code. However, federal law also applies in these cases.
Serving divorce papers on an active-duty spouse may require coordination with the military installation. In the event of deployment, the Servicemembers Civil Relief Act (SCRA) requires the court to delay proceedings until the military member can participate.
Beyond the process itself, military status impacts other divorce-related matters, including:
- Marital property and assets remain subject to equitable division, but non-military spouses will likely need to relocate from base housing.
- Military pensions are subject to equitable division, depending on the portion accumulated during the marriage.
- Spousal support depends on the service member’s total compensation, including housing allowances and other pay beyond base salary. It doesn’t include disability benefits.
- Parenting plans must account for deployments, permanent change-of-station orders, and other realities of military life.
Other key issues include rights to commissary, healthcare, and other benefits. These vary based on years of marriage, years of service, and any overlap between the two.
How to Protect Yourself in a Virginia Military Divorce
Virginia military divorces can be complex and confusing. Unfortunately, even small oversights can have significant financial consequences. Take these steps to protect yourself:
- Compile a complete list of all marital property, including homes, cars, personal belongings, bank accounts, and retirement plans.
- Document total marital assets, income, and debts.
- Understand that a deployment may delay divorce proceedings, but does not stop your case from moving forward.
- Consider whether you are entitled to Survivors’ Benefits and include them in your final order.
Don’t try to navigate a military divorce in Virginia on your own. To protect your rights and get what you are entitled to in a settlement, get a divorce lawyer with experience in these cases on your side.
Facing a Military Divorce? Contact Our Experienced Virginia Divorce Lawyer
Military divorces in Virginia are generally more complex, as they are subject to both state and federal laws. Get the trusted, experienced legal help you need at Schwartz Kalina, PLLC.
Our experienced Virginia divorce lawyer helps military families navigate both the process and the financial decisions that will shape their future. Whether you are in the military or the spouse of a service member, our legal team can protect your rights. Call or contact us online today to schedule a consultation.
Sources:
law.lis.virginia.gov/vacode/title20/chapter6/section20-97/
uscode.house.gov/view.xhtml?path=/prelim@title50/chapter50&edition=prelim
militaryonesource.mil/relationships/separation-divorce/rights-and-benefits-of-divorced-spouses-in-the-military/
