Military Divorce Lawyer New Kent County — Protecting Service Members’ Rights
A military divorce in New Kent County involves unique federal and state laws governing service member rights, pension division, and child support. As a Class 1 misdemeanor under the Uniformed Services Former Spouses’ Protection Act (USFSPA) and Virginia Code § 20-107.3, it requires specific legal knowledge. Law Offices Of SRIS, P.C. provides experienced representation for service members and spouses in New Kent County.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Military divorces in Virginia are governed by both state law and federal statutes like the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA). Virginia is an equitable distribution state under Va. Code § 20-107.3, which Mr. Sris personally helped amend. This statute, along with federal law, dictates how military pensions, benefits, and other assets acquired during the marriage are divided. The division is not automatic 50/50; the court considers multiple factors to achieve a fair, but not necessarily equal, distribution. For service members, the USFSPA allows state courts to treat disposable retired pay as marital property subject to division, but it does not require division. New Kent County Circuit Court handles all divorce and equitable distribution matters.
For a service member divorce lawyer New Kent County, understanding the interplay of state and federal law is critical. The firm’s experience with the Virginia Code and military regulations is essential for protecting your pension, benefits, and custody rights during a divorce proceeding.
- Schedule a consultation to discuss your military status, deployment schedule, and marital assets.
- Gather financial documents, including Leave and Earnings Statements (LES), retirement estimates (DFAS), and benefit statements.
- File the divorce complaint with the New Kent County Circuit Court, ensuring SCRA protections for deployed service members are addressed.
- handle discovery and negotiation, focusing on the division of military pensions under USFSPA and Virginia law.
- Proceed to a final hearing or settlement to resolve custody, support, and asset division, incorporating any military-specific agreements.
For a military spouse divorce lawyer New Kent County, the process also involves securing rightful claims to benefits and support, which requires detailed knowledge of both legal frameworks.
In New Kent County, a military divorce involves dividing military pensions under USFSPA, determining child support under Virginia guidelines, and addressing custody with potential deployment schedules.
| Issue | Legal Standard | Potential Outcome |
|---|---|---|
| Military Pension Division | USFSPA; Va. Code § 20-107.3 | Court may award up to 50% of disposable retired pay accrued during marriage |
| Child Support | Va. Code § 20-108.2 | Based on Virginia guidelines using gross income, including military pay and allowances |
| Spousal Support | Va. Code § 20-107.1 | Determined by 13 factors, including military benefits and earning capacity |
| Custody/Visitation | Va. Code § 20-124.3 | Based on child’s best interests, considering deployments and relocation |
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. The firm’s tagline, “Advocacy Without Borders,” reflects its commitment to clients. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving the firm deep, firsthand knowledge of the law governing military asset division in New Kent County divorces.
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
Law Offices Of SRIS, P.C. has documented case results in New Kent County across all practice areas. Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides strategic oversight on complex financial aspects of military divorces, including pension valuation and division.
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 New Kent County courts (12001 Courthouse Circle). We are accessible via I-64, Route 33, and Route 249. As a military divorce lawyer near New Kent County, we provide 24/7 phone consultations at (888) 437-7747, with meetings by appointment only. We serve the communities of New Kent, Providence Forge, and Quinton.
How is a military pension divided in a Virginia divorce?
Yes, a military pension can be divided. Under the USFSPA and Va. Code § 20-107.3, the portion of disposable retired pay earned during the marriage is considered marital property. The court can award up to 50% of that portion to the former spouse.
Does my spouse have a right to my VA disability pay in a divorce?
No. Federal law prohibits VA disability compensation from being treated as marital property or income for spousal support calculations. However, it may be considered when evaluating the veteran’s overall financial circumstances for equitable distribution of other assets.
How does deployment affect child custody in Virginia?
Deployment is a significant factor under Va. Code § 20-124.3. Courts focus on the child’s best interests and stability. A detailed parenting plan addressing deployment periods, communication, and temporary care by the other parent or a relative is essential and can be established before deployment.
What is the 10/10 rule for military divorce?
It depends. The “10/10 rule” is a DFAS threshold for direct payment of pension shares. If the marriage overlapped military service for at least 10 years, DFAS can pay the former spouse directly. Marriages under 10 years still allow division, but payment must come from the retiree.
Can I file for divorce in Virginia if I am stationed elsewhere?
Yes. Virginia courts may have jurisdiction if you or your spouse are legal residents of Virginia, are stationed in Virginia, or if you both agree to Virginia’s jurisdiction. The Servicemembers Civil Relief Act (SCRA) provides protections against default judgments for deployed personnel.
For more information on Virginia family law statutes, visit the Virginia General Assembly website. To learn about court procedures, see the New Kent County Courts page.
See our Virginia Family Law Lawyer hub page. For help in nearby areas, consider a family law lawyer in Henrico County or a family law lawyer in Chesterfield County. If you need other services, we also provide criminal defense in New Kent County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.