Armed Forces Divorce Lawyer New Kent County — What Are Your Rights?
If you are a service member facing divorce in New Kent County, Virginia, you need an Armed Forces Divorce Lawyer New Kent County who understands the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA). Law Offices Of SRIS, P.C.
Military Divorce Laws in Virginia
Military divorces in Virginia follow state law but are shaped by federal statutes that protect service members. The primary Virginia statute governing divorce is Va. Code § 20-91, which includes grounds applicable to military families. A key federal law is the Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.C. § 1408, which allows state courts to treat military retired pay as property divisible in a divorce. The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3931, provides protections like staying proceedings during deployment.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia divorce statutes, refer to the Virginia Code Title 20, Chapter 6 on the official Virginia Legislative Information System. For local court procedures and forms, visit the New Kent County Combined Courts website.
Handling a Military Divorce Case in New Kent County
Military divorces in New Kent County involve specific procedural steps due to the potential for deployment and out-of-state residency. The New Kent County Circuit Court handles all divorce filings, including those involving service members. A key local procedural fact is that the court is familiar with the affidavit requirements under the SCRA to proceed if a service member is unavailable.
- Determine Jurisdiction: Establish that Virginia has jurisdiction over the divorce, which may depend on the service member’s legal residence (domicile) or where they are stationed.
- File with Military Protections: File the divorce complaint. If the service member is deployed, their attorney can file an affidavit under the SCRA to request a stay of proceedings.
- Address Financial Issues: Identify all military benefits, including retired pay, Thrift Savings Plan (TSP), and medical benefits, for equitable distribution under Virginia law and the USFSPA.
- Calculate Support: Calculate child support and spousal support according to Virginia guidelines, considering military pay, allowances, and special pays.
- Finalize the Decree: Ensure the final divorce decree contains a clear, enforceable order for any division of military retired pay, which must be submitted to DFAS.
Potential Issues in a Military Divorce
In New Kent County, a military divorce can involve complex issues like dividing a military pension, determining jurisdiction if you were married in another state, and establishing child custody across deployments.
| Issue | Legal Consideration | Potential Outcome |
|---|---|---|
| Division of Military Pension | Governed by USFSPA; VA is an equitable distribution state. | Court can award a percentage of disposable retired pay. |
| Child Custody & Deployment | Military parenting plans must account for possible deployment. | Creation of a detailed custody schedule with contingency plans. |
| Jurisdiction | Service member may be stationed out-of-state but maintain VA domicile. | Virginia may retain jurisdiction to hear the divorce case. |
| SCRA Protections | Automatic stay of proceedings if service member is on active duty. | Divorce may be postponed until service member can participate. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Military Divorce
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our founder, Mr. Sris, is a former prosecutor who personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our firm deep insight into property division—a critical component of military divorces involving pensions. We understand the unique pressures on military families and provide “Advocacy Without Borders” to protect your rights, whether you are the service member or the spouse.
Case Results for New Kent County Clients
While specific armed forces divorce results are protected by confidentiality, our firm has a documented record of favorable outcomes in New Kent County family law cases. We have successfully navigated jurisdictional challenges for deployed service members and negotiated settlements that properly divide military pensions and benefits. Mr. Sris, with his background amending state law, and our team work to achieve stable resolutions for military families.
Results may vary. Prior results do not aim for a similar outcome.
Local Armed Forces Divorce Lawyer Near You
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009 | Local: (703) 636-5417
By appointment only.
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle), accessible via I-64 and Route 33. We are the armed forces divorce lawyer near New Kent, Providence Forge, and Quinton. We offer 24/7 phone consultations at (888) 437-7747, with meetings by appointment only.
Frequently Asked Questions
How is a military pension divided in a Virginia divorce?
Yes, it can be divided. Under the USFSPA, Virginia courts can treat disposable military retired pay as marital property subject to equitable distribution under Va. Code § 20-107.3. The court can award a percentage to the former spouse, which DFAS will directly pay if the marriage overlapped 10 years of service.
Can I file for divorce in Virginia if my spouse is deployed?
Yes. You can file in Virginia if you meet residency requirements. However, the Servicemembers Civil Relief Act (SCRA) may allow your spouse to request a stay of the proceedings until they can participate in their defense. An experienced service member dissolution lawyer New Kent County can advise on the proper procedure.
What is the 10/10 rule for military divorce?
It depends. The “10/10 rule” is a DFAS term, not a law. If the marriage lasted 10 years or more overlapping 10 years of creditable military service, DFAS can make direct payments of the pension share to the former spouse. For marriages under 10 years, the court order is still valid, but the payment comes from the retiree.
How does deployment affect child custody in Virginia?
Virginia courts focus on the child’s best interests. A detailed military parenting plan is crucial. It should designate a temporary custodian during deployment and outline communication plans. The court will consider the service member’s parenting role when not deployed. A military member divorce lawyer New Kent County can help draft this plan.
Where should a military member file for divorce?
The divorce can be filed in the state where the service member is legally domiciled (home of record), where the spouse resides, or where the service member is stationed. Choosing the right jurisdiction requires legal analysis of residency laws and long-term implications for pension division and custody.
For more information on related legal matters, see our pages on Virginia Family Law, or consider Criminal Defense in New Kent County. We also assist clients in neighboring areas like Henrico County.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding an armed forces divorce.