Virginia Divorce Military - Active military members, as well as their families, make great sacrifices in service to their country. Long periods of separation, frequent relocations, and the challenges of military service can strain and damage these marriages. A military divorce in Virginia poses unique issues compared to a typical civilian divorce and can affect both state and federal laws.
All divorces in the Commonwealth of Virginia, both military and civil, are governed by Virginia law, and there are special benefits and circumstances that apply only to military divorces. For that reason, it is important for anyone in a military family seeking a divorce to consult with a Virginia divorce attorney experienced in military divorces.
Virginia Divorce Military
To establish residency, Virginia requires one or both spouses to live in Virginia for at least six months, with the intention of staying indefinitely, before filing for divorce. But the Commonwealth makes a specific exception to the "residence" requirement for those serving in the military. Military personnel meet the residency requirement regardless of their intent to remain in Virginia for at least six months.
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Federal law protects active duty military members from arrest while on active duty and from being unable or unwilling to respond to a divorce action. These laws were enacted to protect active duty military personnel from divorce without their knowledge. In Virginia, an active duty soldier must serve in person. In the absence of a dispute, an active duty spouse may be released from liability as long as he or she signs and submits an affidavit of disclaimer confirming the divorce action.
Under the Soldiers' and Sailors' Civil Relief Act, 50 UCS Section 521, and by order of a local Virginia court, divorce cases may be deferred for the duration of active duty duty and up to 60 days thereafter. This is often the case when the active duty member is serving in combat. However, any active duty military member may waive the right to postpone the divorce proceedings if he or she wishes to obtain a divorce.
Military spouses are often forced to delay career and educational opportunities to focus on their families, leaving them unemployed or underemployed. For this reason, child and spousal support is a key issue for divorced military families.
In Virginia, both child support and spousal support cannot exceed 60% of military pay and benefits (housing, hazard pay, bonuses, and non-cash compensation). Determine the reasonable amount of child support owed.
Virginia Divorce Laws
In Virginia, all custody cases determine which custody agreement is in the best interest of the child. Military cases often involve a variety of special circumstances, such as long-term deployments and frequent relocations. In these cases, judges often, but not always, award primary custody to the non-military spouse.
The Commonwealth of Virginia may have jurisdiction over your divorce, but it does not necessarily have jurisdiction over your child custody. These cases should be tried in the state or country where the child lives most. If a child lives abroad, the court in the country where the child lives may award custody, even if the child is a US citizen.
Between husband and wife. Beauty is not 50-50. The federal government enacted the Military Former Spouse Protection Act (USFSPA), which regulates how military benefits are calculated and distributed, including military insurance, retirement, and survivor benefits upon divorce. The extent to which a former spouse can distribute these benefits depends on the length of the marriage, the length of active duty in the military, and the rules for each individual program.
Whether you or your spouse is active duty or retired, it is important to hire an experienced family law attorney in the military who understands the special issues and circumstances surrounding divorce cases.
Can My Ex Relocate My Child While I'm In The Military?
Melon Hatley, P.C. A general practice and law firm serving the Virginia Beach and Northern Virginia area. Our practice areas include family law, divorce and children with special needs, traffic ticket prevention, DUI/DWI prevention, and trust and estate law. Our philosophy is to provide all our clients with the highest quality legal representation, innovative legal solutions and an unmatched commitment to client service. Through our high standards, we strive to be a trusted resource for our clients.
We know from experience that a successful attorney-client relationship depends on our ability to understand your needs and goals. For more information on military divorce, call our office today in Northern Virginia at 703.995,9900 or in Virginia Beach at 757,296,0580, or visit our website: .
By Rebecca Mellon Mellon Hatley P.C. 2014 with the goal of helping families with a wide range of legal services, from real estate and family law to traffic tickets and minor criminal matters. Veterans Affairs benefits such as Soldiers' Civil Relief Act and disability benefits, GI Bill and education benefits, as well as life insurance. Navigating a civil divorce can be difficult and stressful. When added to the complexities involved in a military divorce, an already stressful situation can completely overwhelm the entire process. If one or both parties have served in the military, it is important to seek the assistance and advice of an experienced military divorce attorney. For military personnel, providing financial support for spouses and children during separations and divorces is important and there are specific military regulations that must be followed. A service member who fails to pay support may be subject to disciplinary action by commanding officers, including the possibility of court-martialing under Uniform Code of Military Justice (UCMJ) Article 90, Disobedience to Office; or section 92, disobeying other lawful orders; or even Article 134 on defamation of armed forces. For the National Guard or Reserve, mobilization can have a significant impact on your earnings. There are some other special considerations in a military divorce when filing in Virginia.
Divorce cases involving at least one spouse who has or has served in the armed forces present unique challenges. For the most part, state law governs many aspects of the divorce process, such as determining child custody or visitation; Legal Grounds for Divorce; separation of assets, assets and liabilities; and child or spouse. In a divorce involving a current or former military member, certain federal laws preempt state laws and determine the amount of the member's pension or other benefits that may be awarded. These federal rules determine whether the supporting spouse can receive payment directly from DFAS (Defense Financial and Accounting Services) or whether it must be paid directly from the spouse. Federal laws, regulations, and case law also determine the share of retirement and other benefits a nonmember spouse may be entitled to. In addition, some decisions, such as choosing a Survivor Benefit plan, may be irreversible, and your opportunities to change coverage may be very limited. Remarriage before age 55 can also result in loss of survivor benefits, so ex-spouses should seek counseling before remarrying.
The West Virginia Divorce Process
With more than 50 years of combined legal experience, the attorneys at Nova Legal Professionals speak your military language and jargon. We have helped many military families with their family law issues. Corrie Sirkin is the spouse of an active duty Navy member, usually stationed at Marine Corps bases. We are here to arm you with the tools and information you need to protect your rights in a military divorce or military spouse. When it comes to divorce, Nova Law Specialists is here to help you through the process. Consider scheduling a consultation with the firm today by calling (571) 260-0999 or completing the online contact form here.
Pursuant to USFSPA 10 U.S.C. § 1408(c)(4), there are specific requirements that must be met in order to obtain jurisdiction over a member of the military. The first way is for the member to consent to the court's jurisdiction. Other methods are for the member to become a resident of Virginia because of his or her military service or for a court to find that the member is a resident of Virginia. Legal requirements may be waived if the service member takes affirmative action in legal proceedings. There are other ways to establish jurisdiction in a Virginia court, but it is important that you have an attorney who understands and complies with the requirements.
Military divorces are subject to Virginia state law as well as federal law, including but not limited to the Military Civilian Relief Act of 2003 (SCRA) and the Spouse Protection Act (USFSPA).
Under the SCRA, active duty, reserve, and National Guard service members who are called to serve for more than 30 consecutive days may apply for a stay (stay) in the United States for a minimum of 90 days (this period).
Military Divorce In Virginia: What You Need To Know
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