Military life is a life of service, sacrifice, and unique challenges. When a military marriage ends, those challenges are compounded by a complex web of state and federal laws that can make the divorce process feel even more overwhelming. If you or your spouse is a service member, you’re not just navigating a divorce; you’re navigating a military divorce.
You may have questions about where to file, how your military pension will be divided, and how deployments will affect custody arrangements. It’s a lot to handle, but you don’t have to do it alone. This guide will provide a clear overview of the key issues in a military divorce in Virginia, so you can move forward with confidence and clarity.
Where Do You File for a Military Divorce?
One of the first hurdles in a military divorce is determining jurisdiction—that is, which state has the authority to grant the divorce. Because military families move frequently, this can be complicated. In Virginia, you can file for divorce if either you or your spouse is a resident of Virginia and has been for at least six months.
For military members, “residence” can mean either the state where you are currently stationed or your legal state of residence (your home of record). According to guidance from the Judge Advocate General’s (JAG) Corps, it’s crucial to establish proper jurisdiction to ensure your divorce decree is valid and enforceable.
Key Issues in a Military Divorce
Military divorces involve all the same issues as civilian divorces—property division, support, and custody—but with an added layer of complexity. Here are some of the key issues you’ll need to address.
| Issue | What You Need to Know |
|---|---|
| Division of Military Pension | Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), a state court can treat a military pension as marital property and divide it in a divorce. The division is not automatic and depends on state law and the specifics of your case. |
| Servicemembers Civil Relief Act (SCRA) | The SCRA provides certain protections for active-duty service members, including the ability to request a “stay” or postponement of a divorce proceeding if their military service prevents them from participating. |
| Child Custody and Visitation | Creating a parenting plan for a military family requires special considerations, such as how to handle deployments, relocations, and long-distance visitation. |
| Other Military Benefits | Other benefits, such as healthcare (TRICARE) and base privileges, may also be addressed in a military divorce. The 20/20/20 rule may allow a former spouse to retain some of these benefits. |
Three Things to Know About Dividing a Military Pension
The division of a military pension is often one of the most contentious issues in a military divorce. Here are three key things you need to know.
1. It’s Not Automatic.
The USFSPA allows Virginia courts to divide a military pension, but it doesn’t require it. The pension is treated like any other marital asset, and the court will determine a fair and equitable division based on the circumstances of your case. An experienced family law attorney who understands military divorce can help you advocate for a fair share.
2. The 10-Year Rule is a Myth.
There is a common misconception that a former spouse is only entitled to a share of a military pension if the marriage lasted at least 10 years. This is incorrect. The 10-year rule only determines whether the former spouse can receive their share of the pension directly from the Defense Finance and Accounting Service (DFAS).
Even if the marriage was shorter than 10 years, the court can still award a portion of the pension to the former spouse, which would be paid by the service member directly.
3. You Need a Specialized Attorney.
The laws surrounding the division of military pensions are incredibly complex. It is crucial to work with an attorney who has specific experience in military divorce. They will understand the nuances of the law and can ensure that the final divorce decree is drafted correctly to protect your rights.
Our compassionate legal team has the experience to guide you through this complex process.
We Are Honored to Serve You
You have dedicated your life to serving our country. You deserve a legal team that understands your unique situation and is dedicated to serving you. Navigating a military divorce requires a deep understanding of both Virginia family law and the specific federal laws that apply to service members.
If you are a service member or a military spouse facing divorce in Virginia, we are here to help. Contact us or call our Fairfax Divorce Lawyer Now at 703-223-5295 to schedule a confidential consultation.
Frequently Asked Questions (Q&A)
Q: How does a deployment affect our child custody case?
A: A deployment can significantly impact a custody case. It’s important to have a detailed parenting plan that addresses how custody and visitation will be handled during a deployment. The plan should specify how the non-deployed parent will facilitate communication with the deployed parent and how the schedule will resume upon their return.
For more information, visit our child custody and visitation page.
Q: What is the 20/20/20 rule?
A: The 20/20/20 rule allows a former spouse to retain certain military benefits, such as TRICARE and base privileges, if the marriage lasted at least 20 years, the service member served at least 20 years, and there was at least a 20-year overlap between the marriage and the military service. If you meet these criteria, you may be eligible for these benefits.
Q: Can I get a divorce while my spouse is deployed?
A: Yes, but the Servicemembers Civil Relief Act (SCRA) may allow your deployed spouse to request a stay or postponement of the proceedings. This is to ensure that their military service does not prevent them from being able to participate in the divorce case. An attorney can help you understand how the SCRA may impact your case.
For more information, visit our military divorce page or check our FAQ page.