Military Divorce Lawyer Alexandria — Protecting Your Rights Under USFSPA
A military divorce in Alexandria involves unique federal and state laws, including the Uniformed Services Former Spouses’ Protection Act (USFSPA). As a military divorce lawyer Alexandria, Law Offices Of SRIS, P.C. provides full representation for service members and spouses on issues from pension division to child custody relocation. Our firm has documented results in Alexandria courts. We offer 24/7 consultations.
Last verified: April 2026 | Alexandria Circuit Court | Virginia General Assembly
Military divorces in Alexandria are governed by Virginia state law and federal statutes like the USFSPA. The Alexandria Circuit Court handles these cases. Virginia is an equitable distribution state under Va. Code § 20-107.3, which our founder personally helped amend. This law applies to dividing military pensions and other marital assets. The Servicemembers Civil Relief Act (SCRA) may also affect filing timelines if a member is deployed.
For official Virginia statutes, see Va. Code Title 20, Chapter 6.1 (official Virginia General Assembly). For court procedures, visit the Alexandria Circuit Court website.
- Schedule a consultation with a military divorce lawyer Alexandria to discuss your active duty status, deployment schedule, and legal goals.
- Gather key documents: your marriage certificate, military ID, LES (Leave and Earnings Statement), and any existing separation agreement.
- Your attorney will analyze the marital portion of your military pension, Thrift Savings Plan, and other benefits for division under USFSPA and Virginia law.
- File the divorce complaint in Alexandria Circuit Court, ensuring SCRA protections are addressed if one party is deployed.
- Negotiate or litigate issues of child custody, support, and asset division, considering potential interstate relocation under the Military Parents Equal Protection Act.
- Finalize the decree, ensuring DFAS requirements are met for direct payment of pension shares if applicable.
In Alexandria, a military divorce follows Virginia’s equitable distribution principles for dividing pensions and property, with additional federal protections for service members.
| Issue | Legal Standard | Considerations |
|---|---|---|
| Military Pension Division | USFSPA; Va. Code § 20-107.3 | Only marital portion divisible; 10/10 rule for DFAS direct payment. |
| Child Custody & Relocation | Va. Code § 20-124.3 (best interests) | Military deployment schedules; potential interstate moves under PCS orders. |
| Child Support | Virginia Guidelines | Based on military pay and allowances; BAH and BAS included. |
| Spousal Support | Va. Code § 20-107.1 factors | Length of marriage overlapping service; spouse’s sacrifice of career. |
| SCRA Protections | 50 U.S.C. § 3931 | May delay proceedings if service member is deployed. |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally helped amend Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep insight into asset division in military divorces. Our tagline, “Advocacy Without Borders,” reflects our commitment to serving military families.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Our firm has handled military divorce cases in Alexandria. For example, we have secured outcomes where military pensions were divided according to the marital coverture formula and child custody arrangements were structured around deployment cycles. Mr. Sris, our founder and a former prosecutor with a multi-state practice, provides strategic oversight on complex financial divisions in military divorces.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Our Arlington location serves clients at the Alexandria courts. We are a military divorce lawyer Alexandria near the Alexandria Courthouse and Fort Belvoir. We serve Alexandria, Old Town, Del Ray, and Kingstowne. Meetings are by appointment only.
Military Divorce Lawyer Alexandria FAQ
How is a military pension divided in a Virginia divorce?
Yes, it is divisible. Under the USFSPA and Va. Code § 20-107.3, only the portion earned during the marriage is marital property. The court uses a coverture fraction (years of service during marriage ÷ total years of service) to calculate the share. Direct payment through DFAS typically requires a 10-year marriage overlapping 10 years of service.
Can a service member delay a divorce case due to deployment?
It depends. The Servicemembers Civil Relief Act (SCRA) allows a service member to request a stay (delay) of civil proceedings, including divorce, if military duty materially affects their ability to appear. The initial stay can be up to 90 days, with possible extensions. An experienced service member divorce lawyer Alexandria can file the necessary motions.
How is child support calculated for an active-duty service member?
Virginia child support guidelines consider all gross income, including Basic Pay, Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), and special pays. The calculation uses the Virginia guideline worksheet. If the service member is deployed, support is still based on total pay. A military spouse divorce lawyer Alexandria can ensure all allowances are properly accounted for.
What happens to custody if I get PCS orders to move out of state?
Custody orders can be modified due to Permanent Change of Station (PCS) orders. Virginia courts consider the child’s best interests under Va. Code § 20-124.3. The Military Parents Equal Protection Act provides that a court cannot deny custody or visitation solely because a parent is deployed or has relocation orders. A detailed parenting plan addressing long-distance visitation is crucial.
Does my spouse have a right to my VA disability pay?
No. Federal law prohibits VA disability compensation from being divided as marital property in a divorce. It is also generally not counted as income for calculating spousal or child support in Virginia. However, a waiver of military retirement pay to receive VA disability can impact the divisible pension amount. Legal advice is essential.
For more information, see our Virginia Family Law Lawyer hub page. If you are in a neighboring area, consider our military divorce lawyer Arlington. For other legal needs in Alexandria, we also handle criminal defense and DUI defense.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.