Military Divorce Lawyer Colonial Heights — Protecting Your Rights and Benefits
A military divorce in Colonial Heights involves unique federal and state laws governing pensions, benefits, and custody during deployment. Law Offices Of SRIS, P.C. provides focused representation for service members and spouses, handling division of military pensions under the Uniformed Services Former Spouses’ Protection Act (USFSPA) and handling jurisdictional issues under the Servicemembers Civil Relief Act (SCRA).
Last verified: April 2026 | Colonial Heights Circuit Court | Virginia General Assembly
Military divorces in Virginia are governed by state law, primarily Va. Code § 20-91 (divorce grounds), but are heavily influenced by federal statutes. The most critical is the Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.C. § 1408, which authorizes state courts to treat disposable military retired pay as marital property subject to division. Virginia, as an equitable distribution state under Va. Code § 20-107.3, applies its factors to divide this asset fairly, not necessarily 50/50. The Servicemembers Civil Relief Act (SCRA) provides protections against default judgments for deployed personnel. Colonial Heights Circuit Court, located at 550 Boulevard, handles all divorce and equitable distribution filings for the city.
Founded in 1997 by former prosecutor Mr. Sris, our firm brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute, giving our team deep, practical insight into property division, including military pensions and Thrift Savings Plans (TSP).
- Schedule a consultation to discuss your service history, marriage duration, and residency status under the SCRA.
- Our military divorce lawyer Colonial Heights will gather all necessary financial documents, including Leave and Earnings Statements (LES), retirement estimates, and TSP statements.
- We will file the divorce complaint in the appropriate court, ensuring SCRA protections are invoked if the service member is deployed.
- Negotiate or litigate issues of pension division, child custody, support, and medical benefits (Tricare).
- Draft a precise property settlement agreement and military pension division order for court approval.
- Finalize the divorce decree and ensure all DFAS paperwork is correctly submitted to enforce the pension division.
In Colonial Heights, a military divorce follows Virginia’s equitable distribution principles, with military pensions divisible as marital property if the 10/10 rule (10 years of marriage overlapping 10 years of service) is met for direct DFAS payment.
| Issue | Legal Standard / Consideration |
|---|---|
| Military Pension Division | Governed by USFSPA; divisible as marital property under Va. Code § 20-107.3. |
| 10/10 Rule | Not a requirement for division, but mandates direct payment from DFAS if met. |
| Child Custody & Deployment | Parenting plans must address deployment, temporary custody, and communication under Va. Code § 20-124.2. |
| SCRA Protections | Allows for stay of proceedings during active duty and 90 days after. |
| Medical Benefits (Tricare) | Former spouse may retain Tricare eligibility under the 20/20/20 rule. |
| VA Disability Pay | Generally not divisible as marital property but can affect alimony calculations. |
Results may vary. Prior results do not guarantee a similar outcome.
Our firm’s deep experience with military family law is anchored by Mr. Sris’s direct role in shaping Virginia’s equitable distribution law. We understand that a service member divorce lawyer Colonial Heights must handle both the Colonial Heights court system and federal military regulations. For military spouses, a military spouse divorce lawyer Colonial Heights must aggressively protect their entitlement to a share of the pension and other benefits earned during the marriage. We have successfully represented clients in complex divisions of military assets.
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
In Colonial Heights and surrounding Central Virginia jurisdictions, our attorneys have achieved favorable outcomes in family law cases. Mr. Sris, with his background as a former prosecutor and deep knowledge of Virginia’s amended equitable distribution statute, provides strategic oversight on complex military divorce matters.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Phones 24/7/365; Office by appointment. By appointment only.
Our Richmond location serves clients at the Colonial Heights courts (550 Boulevard). We represent service members and families in Colonial Heights and surrounding communities like Chesterfield and Henrico. For a military divorce lawyer near Colonial Heights, contact us for a 24/7 phone consultation.
Military Divorce in Colonial Heights: Frequently Asked Questions
How is a military pension divided in a Virginia divorce?
Yes, it is divisible. Virginia courts treat disposable military retired pay as marital property under the USFSPA and Va. Code § 20-107.3. The court uses a “marital share” formula based on the length of marriage during service. A military divorce lawyer Colonial Heights can draft the required court order for DFAS.
What is the 10/10 rule for military divorce?
It is a rule for direct payment, not division. If the marriage lasted at least 10 years overlapping 10 years of creditable military service, DFAS can pay the former spouse’s share directly. Otherwise, the service member is responsible for payment. A service member divorce lawyer Colonial Heights can explain how this impacts your case.
Can I get Tricare after a military divorce?
It depends. Under the 20/20/20 rule (20 years marriage, 20 years service, 20 years overlap), you keep full Tricare. Under the 20/20/15 rule, you get one year of transitional Tricare. Eligibility is lost if you remarry. A military spouse divorce lawyer Colonial Heights can verify your potential eligibility.
How does deployment affect child custody in Virginia?
Virginia law requires parenting plans to include provisions for deployment, including temporary custody arrangements and communication schedules. The SCRA may allow the deployed parent to request a stay of custody proceedings. The child’s best interests remain the paramount standard under Va. Code § 20-124.3.
Where should I file for divorce if I’m in the military?
You can file in Virginia if you or your spouse are stationed in Virginia, claim Virginia as your home of record, or are domiciled in Virginia. The SCRA affects where you can be sued. Jurisdiction is a key reason to consult a military divorce lawyer Colonial Heights immediately.
For more information on family law in Virginia, see our Virginia Family Lawyer hub page. We also assist clients in nearby areas like Chesterfield County and Henrico County. If you are facing other legal issues, explore our services as a Criminal Defense Lawyer in Colonial Heights or a DUI Lawyer in Colonial Heights.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. for current guidance.