An Armed Forces Divorce Lawyer New Kent County handles military divorce under Va. Code § 20-107.3 (equitable distribution, personally amended by Mr. Sris). New Kent County Circuit Court handles these cases. Law Offices Of SRIS, P.C. has 11 documented results in New Kent County. Consultation by appointment.
Last verified: 2026-04 | New Kent County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
Virginia is an equitable distribution state under Va. Code § 20-107.3. For military members, the Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat disposable military retirement pay as marital property. The Servicemembers Civil Relief Act (SCRA) provides protections including a stay of proceedings during active duty. New Kent County Circuit Court at 12001 Courthouse Circle handles all divorce matters, including those involving active-duty service members. Founded in 1997 by former prosecutor Mr. Sris, the firm understands the unique intersection of Virginia family law and federal military protections.
Under the USFSPA (10 U.S.C. § 1408), New Kent County Circuit Court can divide military retirement pay as marital property. The SCRA (50 U.S.C. § 3931) allows service members to request a 90-day stay of proceedings. Va. Code § 20-107.3 governs equitable distribution of all marital assets, including military benefits. A military member divorce lawyer New Kent County must understand both state and federal law to protect your rights.
Key legal resources for your case:
- Va. Code § 20-107.3 (Equitable Distribution) — official Virginia General Assembly
- New Kent County General District Court — official Virginia Courts website
New Kent County Circuit Court handles all military divorce cases. The court routinely grants SCRA stays for deployed service members. A service member dissolution lawyer New Kent County should file a motion for stay immediately if your spouse files while you are on active duty.
- File a complaint for divorce at New Kent County Circuit Court (12001 Courthouse Circle).
- If on active duty, file a motion for stay under SCRA § 3931.
- Provide certified military pay statements and DD Form 214.
- Obtain a military pension valuation from a qualified experienced.
- Negotiate or litigate equitable distribution of retirement pay.
- Finalize the divorce decree with a qualified domestic relations order (QDRO) if needed.
In New Kent County, military divorce involves equitable distribution of assets under Va. Code § 20-107.3, with no fixed penalty but potential loss of retirement benefits if not properly addressed.
| Issue | Classification | Impact on Service Member | Financial Impact | Retirement Impact | Additional Consequences |
|---|---|---|---|---|---|
| Military Retirement Division | Marital Property | Up to 50% of disposable pay | Direct payment to former spouse | Reduced monthly benefit | Survivor Benefit Plan election required |
| SCRA Violation | Federal Offense | Default judgment vacated | Attorney fees and costs | None | Court may impose sanctions |
| Child Support Arrears | Civil Contempt | Possible wage garnishment | Up to 65% of disposable pay | None | License suspension, tax refund intercept |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs military retirement pay division in Virginia. The firm’s favorable outcome rate exceeds 93%.
Mr. Sris — Owner & CEO, Managing Attorney. Former prosecutor; founded firm 1997; personally amended Va. Code § 20-107.3 (equitable distribution statute). Bar: VA, MD, DC, NJ, NY.
Law Offices Of SRIS, P.C. has 11 total documented case results across all practice areas in New Kent County, with a 100% favorable outcome rate. Firm-wide, the firm has 4,739+ documented case results across VA, MD, NJ, NY, and DC with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location is accessible from New Kent County via I-64, approximately 30 minutes from the New Kent County Courthouse. We serve New Kent, Providence Forge, and Quinton.
Armed Forces Divorce Lawyer near New Kent County — serving all military families in the area.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
By appointment only.
Can I get a divorce while my spouse is deployed on active duty?
Yes, but the SCRA allows your spouse to request a 90-day stay of proceedings. The court will likely grant the stay if your spouse is deployed and cannot participate. New Kent County Circuit Court handles these motions.
How is military retirement pay divided in a New Kent County divorce?
Under the USFSPA, New Kent County Circuit Court can treat up to 50% of disposable military retirement pay as marital property. The court applies Va. Code § 20-107.3 equitable distribution factors to determine the exact division.
What is the residency requirement for military divorce in Virginia?
Either you or your spouse must have been a Virginia resident for at least 6 months before filing. For military members stationed in Virginia, your duty station counts as residency. File at New Kent County Circuit Court.
Does the SCRA protect my military benefits during divorce?
Yes. The SCRA protects you from default judgments while on active duty. It also limits interest rates on pre-service debts to 6%. However, it does not prevent the court from dividing military retirement pay as marital property.
How long does a military divorce take in New Kent County?
Uncontested: 2-4 months from filing. Contested: 9-18 months. If your spouse is deployed and requests a SCRA stay, the case may take longer. New Kent County Circuit Court sets pendente lite hearings within 21-60 days of motion.
Can I modify child support if my military income changes?
Yes. Virginia allows modification of child support when there is a material change in circumstances, such as deployment, change in BAH, or separation from service. File a motion at New Kent County Juvenile and Domestic Relations Court.
Related pages:
- Virginia Family Law Lawyer
- Henrico County Divorce Lawyer
- Chesterfield County Divorce Lawyer
- New Kent County Criminal Defense Lawyer
- New Kent County DUI Lawyer
- Richmond Office Location
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.