While military divorces are, in many ways, the same as other types of divorces, they often have unique, complicating factors. This is especially true if one or both spouses are on active duty or stationed overseas. State residency requirements can also complicate your divorce, depending on where you or your spouse is stationed. Furthermore, military health benefits, pensions, and retirement pay may also lead to a more complex divorce process.
The Fairfax-based military divorce lawyers at DiPietro Law Group, PLLC can help you navigate the divorce process. We are here to assist you from the moment of filing through the moment your divorce is finalized. Whether you and your spouse are able to utilize mediation or you need legal representation in divorce court, our team is prepared to advocate for you every step of the way.
Call us or fill out one of our online contact forms to request an initial consultation with our team.
Understanding Military Divorce in Virginia
In Virginia, there are several regulations regarding military divorces that are meant to protect both service member spouses and non-service member spouses. First and foremost, active duty military members are protected from being divorced without knowing it. The Soldiers and Sailors Civil Relief Act Title 50 U.S.C. Section 521, along with the discretion of the Virginia family court, allows divorce proceedings to be postponed for the entire duration of the active service member’s active duty, plus 60 days after. This right may be waived by the active duty service member if he or she wishes to proceed with the divorce.
Other requirements for military divorce in Virginia include:
- At least one spouse must reside in the state of Virginia and/or one or the other spouse must be stationed in Virginia
- An active duty service member must be served in person with a summons and copy of the divorce action (for a contested divorce)
- An active duty service member does not need to be served in person if the divorce is uncontested and the active duty spouse formally acknowledges the divorce action
Additionally, the Uniformed Services Former Spouse’s Protection Act is a federal law that allows military divorces to proceed according to state divorce statutes. This statute governs how military benefits, including retirement benefits, are calculated and divided during divorce.
Contact an Experienced Military Divorce Attorney Today
In addition to the aforementioned statutes and requirements for military divorce in Virginia, there are certain regulations regarding child and spousal support payments by military personnel, property division, and more. Though military divorces have many similar aspects to other types of divorces, they are also different in many ways. It is important that you speak with an attorney who is experienced in handling military divorces to ensure that you fully understand all of your rights and options.
Whether you are a military service member yourself, or you are divorcing a member of the military, our Fairfax military divorce attorneys are to help you. With more than 42 years of combined experience, we understand how the process works. We are here to act as your advocate and guide from start to finish. Our mission is always to help you preserve your security and best interests.
Contact DiPietro Law Group, PLLC online or by phone to schedule a consultation today.