Military divorce in Virginia can be a complicated process that necessitates a thorough understanding of both state and federal laws. The unique circumstances surrounding military marriages and divorces, such as deployments, frequent relocations, and military benefits, can exacerbate the divorce process. At The Law Offices of SRIS.P.C., we are experienced in military divorce cases in Virginia and are committed to providing our clients with knowledgeable legal counsel. We have the knowledge and experience to protect your rights and advocate for your ideal interests throughout the divorce process, whether you are an active-duty service member or a military spouse.

Military Divorce Definition:

A military divorce in Virginia occurs when one or both spouses are active duty service members, reservists, or retired members of the armed forces. It is like civilian divorce in many ways, but there are some key differences due to the unique circumstances of military life.

Requirements for Jurisdiction and Residency:

Jurisdiction:

The legal authority of a court or government to hear and decide a case is referred to as jurisdiction. It is the geographical reach of the court or the area over which it has power.

There are two major categories of jurisdiction:

• Subject matter jurisdiction: This describes the kinds of cases that the court is able to consider. A family court would not have jurisdiction over a criminal case, for instance.
• Personal jurisdiction: This refers to the court’s authority over the parties involved in the case. To have personal jurisdiction, the court must have some connection to the parties or the case.

Residency requirements:

Residency requirements are the rules that govern whether someone is considered a resident of a particular jurisdiction for legal purposes. These requirements differ depending on the jurisdiction and the reason for establishing residency.

Residency Types:

• Domicile: A person’s true, fixed, and permanent house where they intend to live indefinitely. Physical presence, intent to stay, and maintaining ties to the location are all common factors in establishing a domicile.
• Specific Purpose Residency: Voting, tuition, and driver’s licenses may all have different requirements. These requirements may take into account factors such as physical presence, duration of stay, and intent to remain.

Filing for Divorce in Virginia Military:

Grounds for Divorce:

No-fault divorce: This is the most common type of divorce in Virginia, and it requires one of the following:

• If you have minor children, you must live separately and apart for at least a year without cohabitation.
• If you have no minor children, you must live separately and apart for at least six months without cohabitation and with a signed separation agreement.

Fault divorce: This type of divorce is based on specific grounds such as adultery, desertion, or cruelty.

Divorce Filing Procedure:

• Gather the following documents: Marriage certificates, birth certificates for any minor children, proof of income and assets, and any relevant financial documents may be included.
• Select a filing method: You have the option of filing for divorce on your own (pro se) or hiring an attorney to represent you.
• File your divorce complaint with the Circuit Court in the county where you or your spouse resides.
• Serve your spouse with the Divorce Complaint. This can be accomplished through the use of a process server or certified mail.
• Attend a court hearing (if necessary). After reviewing your case, the judge may issue a final divorce decree.

Child Custody and Support:

Child Custody:

There are various kinds of custody agreements, including joint and sole custody, as well as legal and physical custody.

The child’s best interests are the main factor taken into account when determining custody.

The age and needs of the child, the relationship between the parents and the child, the parent’s capacity to care for the child, and the stability of the home environment are all possible considerations when determining custody.

Child Support:

• The financial responsibility of both parents to assist in providing for their child’s basic needs, including clothing, food, housing, and medical care, is known as child support.
• Usually, a formula that takes into account the needs of the child and the incomes of the parents determines the amount of child support.
• The custodial parent may receive child support from the payer or via a payment plan mandated by the court.

Protections under the Servicemembers Civil Relief Act (SCRA):

Protection from default judgments: If a service member is unable to appear in court due to military service, the court may not enter a default judgment against them unless an attorney is appointed to represent their interests first.

Stay of proceedings: Service members can request a 90-day stay of any civil proceedings brought against them, such as lawsuits, foreclosures, and evictions if their military service impairs their ability to defend themselves.

Interest rate cap: The SCRA limits the interest rate on certain loans taken out before or during military service to 6%. This is true for car loans, mortgages, and other types of credit agreements.

Lease termination: If their military service requires them to move, service members can stop certain leases without penalty.

Protection from repossession: Without a court order, creditors cannot repossess a service member’s property, such as a car or home.

The SCRA also protects dependents of service members, such as spouses and children. For example, the SCRA can be used to keep a service member’s family from being evicted from their home while the service member is deployed.

Contact Us Today!

Contact The Law Offices of SRIS.P.C. today for expert help in military divorce in virginia  cases. Our experienced lawyers understand the complexities of military divorce, including deployment issues, benefits division, and the unique challenges that military families face. We provide personalized and knowledgeable legal representation to protect your rights. 

Contact us right away to set up a consultation and discuss your military divorce case with an experienced attorney who can guide you through the process with care and compassion.