Service Member Divorce Lawyer Arlington County, VA
You are a service member stationed at the Pentagon or Joint Base Myer-Henderson Hall, or perhaps a civilian spouse whose partner is deployed overseas, and the marriage has reached a point where divorce is the next step. The usual complexities of ending a marriage—property division, child custody, support—are compounded by military-specific rules: the Servicemembers Civil Relief Act may stay proceedings while you are on active duty, a military pension must be divided under the Uniformed Services Former Spouses’ Protection Act, and your or your spouse’s frequent relocations raise unique jurisdictional questions. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. In Arlington County, where military and civilian life intersect in neighborhoods like Crystal City, Rosslyn, and Pentagon City, having legal guidance that understands both Virginia family law and the military landscape matters. Law Offices Of SRIS, P.C. represents service members and their families throughout Arlington County. To schedule a consultation, call (888) 437-7747.
Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding Service Member Divorce in Arlington County
A service member divorce in Virginia follows the same statutory framework as any other divorce—grounds under Va. Code § 20-91, equitable distribution under § 20-107.3, and custody under the trusted-interests factors of § 20-124.3—but with additional layers that a civilian divorce rarely encounters. The Servicemembers Civil Relief Act (SCRA), a federal statute, allows a deployed or mobilized service member to request a stay of court proceedings when military duties materially affect the ability to participate. This is not automatic; the court must be notified and grant the stay, and it can affect the calendar for both the filing party and the respondent.
For the division of a military pension, Virginia courts apply the “10/10 rule” for direct payment from the Defense Finance and Accounting Service (DFAS): the marriage must have lasted at least ten years while the service member performed at least ten years of creditable service. Even without that overlap, the pension is a marital asset subject to equitable distribution in Arlington County Circuit Court. Our firm works with qualified appraisers and forensic accountants to value and fairly divide these assets. Because Arlington County is home to thousands of active-duty and retired personnel, the local courts are familiar with military family issues; nonetheless, having counsel who understands both the statutory scheme and local court practice is an advantage.
Frequently Asked Questions
How does deployment affect custody in a Virginia service member divorce?
Deployment alone does not strip a parent of custody or visitation rights. Virginia law requires the court to consider deployment as a temporary condition, and it may order a temporary custody arrangement that preserves the deployed parent’s relationship with the child. The court can designate a third party—often a grandparent or another family member—to exercise temporary visitation during deployment, and the deployed parent’s absence cannot be used as a basis to permanently modify custody unless the best interests of the child clearly require it. A well-prepared parenting plan that accounts for future deployments is essential.
What is the Servicemembers Civil Relief Act and how does it apply to an Arlington County divorce?
The Servicemembers Civil Relief Act (SCRA) is a federal law that can temporarily pause civil court proceedings, including divorce, when a party is on active duty. A service member who receives notice of a divorce complaint filed in Arlington County Circuit Court may request a stay of proceedings, typically for at least 90 days, if military service materially affects the ability to defend the case. The stay is discretionary, not automatic, and the court weighs the interests of both parties. The SCRA also protects against a default judgment being entered without notice, so a spouse cannot simply wait for a deployment to file and obtain a divorce while the service member is unaware.
How is a military pension divided in a Virginia divorce?
A military pension is marital property under Virginia equitable distribution law, and the court may divide it as part of the overall property settlement. For the non-military spouse to receive payments directly from the Defense Finance and Accounting Service (DFAS), the couple must have been married for at least ten years during which the service member performed at least ten years of creditable military service. Even without that overlap, the court can award a portion of the pension’s marital share by ordering the service member to pay the equivalent amount from other assets or future pension payments. A Qualified Domestic Relations Order (QDRO)-like document called a Military Retired Pay Division Order is used to effectuate the division.
Can I file for divorce in Arlington County if my spouse is stationed elsewhere?
Yes, if you meet Virginia’s residency requirement of at least six months preceding the filing, you may file in Arlington County Circuit Court regardless of where your spouse is stationed. Virginia does not require both spouses to physically reside in the county. The Plaintiff must be a domiciliary and resident for the six-month period. If the service member spouse is deployed outside the United States, service of process may need to follow the SCRA’s procedures, and the court will ensure the deployed spouse has notice and an opportunity to respond. Long-arm jurisdiction may apply if the service member maintains Virginia as the state of legal residence for military purposes.
What happens to child support when a service member receives BAH or other allowances?
Virginia child support guidelines include all income, meaning basic allowance for housing (BAH) and basic allowance for subsistence (BAS) are added to the service member’s gross income for calculation purposes. The Arlington County Juvenile and Domestic Relations District Court computes support using the statutory guidelines based on combined gross income, and military allowances are non-taxable but still considered income. Because the service member’s pay structure differs from civilian income, it is important to present a complete picture of all compensation to the court so the support order accurately reflects the standard of living.
Do I need a lawyer who has experience with military divorce?
You are not legally required to hire an attorney, but representation by counsel who understands the intersection of Virginia family law and military regulations can be beneficial. Service member divorce involves federal statutes, the Uniformed Services Former Spouses’ Protection Act, and specific Department of Defense regulations that a lawyer unfamiliar with them may overlook. A lawyer can navigate procedural issues like an SCRA stay, protect a military spouse’s right to future pension payments, and ensure that a separation agreement or final decree complies with applicable law. For a consultation, call (888) 437-7747.
Can a service member divorce be resolved without going to court in Arlington County?
Yes, an uncontested service member divorce can often be resolved through a signed separation agreement and a brief final hearing, without a contested trial. If both parties agree on all terms—property division, custody, support—they may enter into a marital settlement agreement. After the required separation period (six months with no minor children and a signed agreement, or one year otherwise), the divorce may be finalized on documents. The service member may not need to appear in person if represented by counsel. Mr. Sris and his Of Counsel team assist in preparing and negotiating these agreements.
What is the effect of an SCRA stay on a pending divorce in Arlington County?
An SCRA stay pauses the court case to give a deployed or mobilized service member time to participate; the court may also stay for up to 90 days or longer. During the stay, no hearings occur, and the divorce cannot be finalized. The stay does not dismiss the case; it merely halts it temporarily. Once the service member is no longer on active duty or the court lifts the stay, the case resumes. The stay may affect custody orders, temporary support, and discovery, so strategic planning is important.
How are military survivor benefit plan (SBP) elections handled in a Virginia divorce?
A Virginia divorce court can order a service member to elect former-spouse coverage under the Survivor Benefit Plan (SBP) as part of the property settlement or spousal support order. The SBP provides an annuity to the former spouse after the service member’s death, and the election must be made within one year of the divorce. If the service member fails to elect, the former spouse may have a claim for the lost benefit. The provision may also be addressed in a separation agreement. It is a critical long-term protection often missed in civilian-only divorces.
How does Virginia equitable distribution treat military disability pay?
Under federal law, VA disability compensation cannot be directly divided as marital property, but the court may consider it when making an equitable distribution award. The Uniformed Services Former Spouses’ Protection Act does not authorize a state court to treat VA disability pay as divisible marital property. However, Virginia courts may consider the fact that a service member waived a portion of retirement pay to receive disability pay, and may award an offsetting amount from other marital assets. This area requires careful valuation by an experienced attorney.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background as a former prosecutor gives him insight into how legal proceedings unfold, and he has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised the equitable distribution statute now found in Va. Code § 20-107.3. That legislative experience reflects a thorough understanding of Virginia property division, including the nuances of military pensions. Mr. Sris and his Of Counsel team bring extensive combined legal experience to family law matters in Arlington County. For a consultation, call (888) 437-7747.
Fairfax County Family Law Lawyer |
Prince William County Family Law Lawyer |
Stafford County Family Law Lawyer |
Fauquier County Family Law Lawyer |
Loudoun County Family Law Lawyer
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Our Arlington location at 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209, is by appointment only. Call (888) 437-7747 to schedule.
Case results depend on a variety of factors unique to each case.