Armed Forces Divorce Lawyer Arlington County, VA
You serve your country, and now you face a divorce while stationed in or near Arlington County, Virginia. The legal landscape for military divorces is unlike a typical civilian case. Federal protections such as the Servicemembers Civil Relief Act (SCRA) can pause proceedings, and the division of a military pension under the Uniformed Services Former Spouses’ Protection Act involves rules many family law practitioners do not handle regularly. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel have guided service members through these intersecting legal systems. Call (888) 437-7747 to schedule a confidential consultation at our Arlington location. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How We Approach Armed Forces Divorce in Arlington County
Military divorces require more than familiarity with Virginia’s equitable distribution statute. The firm considers the distinct federal protections, such as the SCRA’s provision that allows a service member on active duty to request a stay of court proceedings for at least 90 days if their military duties materially affect their ability to participate. Mr. Sris and his Of Counsel also evaluate how the 20/20/20 rule or the 20/20/15 rule may impact a former spouse’s eligibility for continued military benefits, medical care, and commissary privileges.
Because a military member’s retirement pay is often the largest marital asset, we pay close attention to the division of disposable retired pay. Under the Uniformed Services Former Spouses’ Protection Act, a Virginia court can treat a military pension as marital property subject to division only if certain jurisdictional requirements are met – typically that the service member’s legal residence is Virginia or that the member consents to the court’s jurisdiction. We work to ensure that any settlement or court order properly addresses these statutory nuances so that the intended division is enforceable.
What to Expect in an Arlington County Military Divorce
A divorce involving a service member begins by filing a complaint in the Arlington County Circuit Court, which has exclusive original jurisdiction over divorce in Virginia. Virginia law requires that at least one party be a bona fide resident and domiciliary of the Commonwealth for six months before filing. For spouses stationed at the Pentagon, Joint Base Myer-Henderson Hall, or other nearby installations, residency can often be established.
Virginia is a no-fault divorce state, and a divorce may be granted after a separation period of one year – or just six months if there are no minor children and the parties have signed a written separation agreement. Fault grounds such as adultery or cruelty are also available, and they may affect spousal support or property division. Once filed, the process involves discovery of financial information, valuation of assets, and negotiation or litigation over equitable distribution under Va. Code § 20-107.3. Military-specific issues, such as how to divide a pension that is not yet in pay status, often require coordination with the Defense Finance and Accounting Service through a qualifying court order. We handle each of these steps with an eye toward preserving your career and financial future.
Key Issues in Armed Forces Divorce
Apart from the division of the pension itself, several other issues commonly arise. Child support is calculated under Virginia’s guidelines, but if the service member receives Basic Allowance for Housing or other allowances, those amounts may be considered as income. A spouse who has relocated to Arlington due to a Permanent Change of Station order may face unique visitation challenges if one parent later returns to another state. Spousal support determinations consider the standard statutory factors, but a long-term marriage with frequent deployments can also influence the court’s assessment of need and earning capacity.
Medical benefits and the Survivor Benefit Plan are also critical. If you have served for at least 20 years and were married for at least 20 years overlapping that service, the former spouse may be eligible for full military medical benefits and commissary privileges under the 20/20/20 rule. Even if that threshold is not met, a court may require you to elect former-spouse coverage under the Survivor Benefit Plan. Our team helps clients weigh these long-term implications before agreeing to a settlement.
Experienced Legal Guidance for Military Families
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since the firm’s founding in 1997. A former prosecutor, he brings a thorough understanding of how the court system approaches contested matters. Mr. Sris and his Of Counsel attorneys serve clients across Virginia, Maryland, the District of Columbia, New Jersey, and New York, drawing on extensive combined legal experience. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), legislation that improved the equitable distribution framework in Virginia divorce cases.
The firm’s Of Counsel attorneys contribute decades of courtroom and litigation experience. They handle the factual investigation, discovery, and negotiation that a military divorce demands. When your case involves complex financial issues such as the division of a Thrift Savings Plan or a military disability rating that may offset retirement pay, having counsel who are well-versed in these topics can make a meaningful difference in the outcome.
Frequently Asked Questions About Armed Forces Divorce in Arlington County
How does military service affect divorce in Virginia?
Military service can affect divorce by introducing federal protections, pension division rules, and jurisdictional considerations that do not arise in civilian cases. The Servicemembers Civil Relief Act allows a service member to request a stay of court proceedings under certain conditions, and the Uniformed Services Former Spouses’ Protection Act governs how military retirement pay may be divided. Virginia’s residency and domiciliary requirements for divorce must also be satisfied, which can be more complex for active-duty personnel.
Can I get a divorce while my spouse is deployed?
Yes, a divorce can proceed while a spouse is deployed, but the deployed service member has the right to request a stay under the SCRA. The stay can be granted for at least 90 days and may be extended if the member’s military duties materially affect the ability to participate. Service of process may also need to be accomplished through special means if the spouse cannot be personally served on base. The court will balance the right to a stay with the other party’s need to move the case forward.
How is a military pension divided in a Virginia divorce?
A military pension is treated as marital property in Virginia and can be divided equitably under Va. Code § 20-107.3, but only if the court has jurisdiction over the service member and the pension is subject to division under federal law. Typically, the court will award the former spouse a percentage of the disposable retired pay. To be enforceable, a qualifying court order must be submitted to the Defense Finance and Accounting Service after the decree is entered. The division may be offset by disability pay or other assets.
What is the 10/10 rule for military retirement?
The 10/10 rule refers to a requirement that the marriage lasted at least ten years overlapping at least ten years of the service member’s creditable military service before direct payment from DFAS to the former spouse is permitted. Even if the marriage did not meet the 10/10 threshold, a Virginia court can still award a share of the retirement as part of equitable distribution, but the former spouse would need to collect directly from the service member rather than receiving automatic payments from the government.
Do I need a lawyer who understands military divorce?
While you are not required to hire an attorney, an experienced armed forces divorce lawyer can help protect your military benefits and ensure that any property division order is enforceable. Military divorce involves overlapping state and federal laws, and mistakes in drafting a pension division order can result in a loss of benefits that lasts for decades. A lawyer familiar with DFAS requirements, the SCRA, and the interplay between disability and retirement can help avoid costly errors.
How do I start the divorce process in Arlington County?
You start by filing a Complaint for Divorce in the Arlington County Circuit Court after meeting Virginia’s six-month residency requirement. The complaint sets forth the grounds for divorce and the relief you seek. If you and your spouse agree on all issues, you may be able to proceed on an uncontested basis with a written separation agreement. In contested matters, the court will schedule a pendente lite hearing for temporary support and custody if needed. Contact our firm at (888) 437-7747 to discuss your specific circumstances and next steps.
Contact Our Arlington Location
To speak with Mr. Sris and his Of Counsel about an armed forces divorce in Arlington County, call (888) 437-7747 or schedule an appointment at our Arlington location. We serve military families throughout Northern Virginia, including those stationed at the Pentagon, Fort Myer, and nearby installations.
Arlington Location
Law Offices Of SRIS, P.C.
1655 Fort Myer Dr, Suite 700, Room 719
Arlington, VA 22209
By appointment only. Phone: (888) 437-7747
Fairfax County Family Law • Loudoun County Family Law • Prince William County Family Law • Stafford County Family Law
Virginia primary sources: Virginia Code Title 20 – Domestic Relations • Arlington County Circuit Court
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