Virginia Beach Family Law Attorneys Help You Understand the Military Divorce Process and Benefits

 

Going through a divorce is difficult under any circumstances. However, when one or both spouses serve in the military, divorce becomes even more complicated. There are special laws and regulations that apply to military divorces that most civilians are unaware of. This is why working with an experienced Virginia Beach family law attorney is crucial if you or your spouse is active duty military.

 

We have extensive experience handling military divorces as Virginia Beach family law attorneys. We understand all the intricacies involved and can help guide you through this complex process. This article provides an overview of some key things to know about military divorces and how we can help.

 

The Servicemembers Civil Relief Act

 

One of the most important laws governing military divorces is the Servicemembers Civil Relief Act (SCRA). This federal law provides legal protections and rights to active duty service members. Some key provisions of the SCRA include:

 

– Preventing default judgements against service members who cannot appear in court due to military obligations

 

– Allowing for stays in court proceedings if military duties preclude involvement 

 

– Lowering interest rates on debts and obligations incurred before entering active duty

 

– Protecting service members from rental property evictions, foreclosures, and more

 

The SCRA provides important safeguards for military members going through a divorce. As your Virginia Beach family law attorneys, we will ensure SCRA provisions are upheld in your case.

 

Determining Where to File for Divorce 

 

Unlike civilian divorces which are filed in the state where the couple resides, military divorces allow for more flexibility in jurisdiction. In general, the divorce can be filed in:

 

– The state where the non-military spouse resides

 

– The state where the military member is currently stationed 

– The state where the military member claims legal residency

 

It’s important to understand the nuances of each of these jurisdictional options. As your Virginia family law attorneys, we will advise you on where it makes the most strategic sense to file based on the unique circumstances of your case.

 

Dividing Military Retirement Benefits

 

Dividing military pensions and retirement benefits is one of the most complex financial aspects of military divorces. Several factors impact how these benefits are divided, such as:

 

– The length of the marriage

– Whether the spouse made financial sacrifices to further the military member’s career

– The state the divorce is filed in 

 

Military retirement pay is also considered marital property in equitable distribution states like Virginia. As your Virginia  family law attorneys, we have extensive experience valuing military pensions and dividing them fairly during divorce.

 

Understanding Healthcare and Other Benefits 

 

Active duty military members and veterans have access to a range of benefits, including healthcare through Tricare and other services through the VA. Spouses may be entitled to keep certain benefits post-divorce or be eligible for benefits under the 20/20/20 rule. This allows unmarried former spouses to retain benefits if the marriage lasted 20 years, with 20 years of military service overlapping with 20 years of marriage.  

 

We will fully advise you on your rights related to keeping or obtaining military and VA benefits following the divorce. Having an experienced family law attorney by your side ensures your benefits are protected.

 

Navigating Custody and Child Support Considerations

 

Military families face unique factors when resolving child custody and support:

 

– Frequent moves mean custody arrangements may need modifications

– Deployments impact timesharing and contact

– There are rules governing child support when a military parent is deployed

 

Family law attorneys,  are well-versed in custody and child support laws specific to military families. We will craft solutions in your children’s best interests while accounting for realities like deployments and relocations.

 

Adhering to Military Rules and Regulations

 

In addition to federal laws like the SCRA, branches of the military have their own regulations that may impact divorce proceedings. For example, rules exist pertaining to giving testimony against a current or former spouse who is military. JAG offices in each branch can also get involved in military divorce cases under certain circumstances.  

 

Our attorneys stay up to date on all military policies and protocols. We ensure your divorce follows both federal laws and military regulations.

 

Finding an Experienced Virginia Beach Military Divorce Attorney

 

Going through a military divorce in Virginia Beach without an attorney well-versed in the intricacies can put you at risk of losing out on benefits you’re entitled to or agreeing to an unfair settlement. The stakes are high, so it pays to have a seasoned Virginia Beach family law attorney fighting for your best interests.

 

Here are some tips on identifying the best Virginia Beach military divorce lawyer for your case:

 

– Ask about their specific experience handling military divorces – you want someone well-versed in the complexities involved.

 

– Understand their knowledge of federal laws like the SCRA as well as individual military policies.  

 

– Choose a lawyer familiar with dividing military pensions and retirement benefits.

 

– Ask about experience handling military child custody cases.

 

– Be sure they have worked with clients from all branches of the armed services.

 

Going with a Virginia Beach family law firm that meets the above criteria provides the best chance at a favorable outcome for your military divorce.

 

Frequently Asked Questions:

 

Q: How long does a military divorce take?

 

Military divorces can take several months to complete, but the timeline varies case by case based on jurisdiction, asset division complexity, child-related factors, and more. The process may take longer if one spouse contests elements of the divorce. As your Virginia Beach family law attorneys, we will provide realistic time estimates based on the specifics of your situation. 

 

Q: Can I get alimony in a military divorce?

 

Whether alimony is possible in a military divorce depends on the laws of the state where you file. Virginia allows for spousal support in some cases. As your Virginia Beach family law attorneys, we will pursue alimony on your behalf if it is applicable and appropriate based on the totality of the circumstances.

 

Q: What if my military spouse deserts me? 

 

If your military spouse leaves without consent or warning, that may constitute desertion. This allows you to retain military benefits and pursue a divorce on grounds of desertion. Talk to one of our experienced Virginia family law attorneys as soon as possible if you feel a military spouse has deserted you.

 

Q: Do I need my own lawyer for a military divorce?

 

It is strongly advisable for both spouses to retain their own counsel for a military divorce given the complexities involved. As your dedicated Virginia Beach family law attorney, we will protect your interests and provide counsel at every turn. Do not rely on a mutual attorney or your spouse’s lawyer alone – make sure your rights are safeguarded with experienced legal representation.

 

Q: How do I pay for a lawyer for my military divorce? 

 

There are options like payment plans and military spouse attorney fee assistance that can help make affording a lawyer feasible. As your Virginia Beach family law attorneys, our goal is to provide the strong counsel you need at this difficult time. We work within your budget constraints.