Military Divorce Lawyer Arlington County — Protecting Service Members’ Rights
A military divorce in Arlington County involves Virginia’s equitable distribution laws under Va. Code § 20-107.3 and federal protections like the Uniformed Services Former Spouses’ Protection Act (USFSPA). Law Offices Of SRIS, P.C. provides focused representation for service members and spouses, addressing military pensions, child custody during deployment, and jurisdictional issues unique to Arlington County courts.
Last verified: April 2026 | Arlington County General District Court | Virginia General Assembly
Military divorce cases in Arlington County are governed by Virginia state law, but they are significantly shaped by federal statutes that protect service members. The Servicemembers Civil Relief Act (SCRA) can delay proceedings during active duty, and the USFSPA governs the division of military pensions. Arlington County Circuit Court handles these divorces, requiring careful navigation of both legal systems. Our firm’s founder, Mr. Sris, personally amended Virginia’s equitable distribution statute, providing deep insight into property division in military cases.
Virginia Military Divorce Laws and Arlington County Procedure
Virginia is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally. For military families, this includes the military pension, which is divisible under USFSPA if certain conditions are met. The court also considers the 20/20/20 rule for spousal benefits. In Arlington County, these cases are filed at the Circuit Court. A key procedural fact is that residency for filing can be established if the service member is stationed in Virginia or if Virginia is their home of record, even if currently deployed.
- Determine proper jurisdiction and residency for filing in Arlington County under Virginia and military law.
- File the divorce complaint with the Arlington County Circuit Court and serve the other party, considering SCRA protections if the service member is deployed.
- Engage in discovery, which includes obtaining military finance and personnel records for pension valuation and asset identification.
- Negotiate or litigate issues of pension division, child custody during deployment schedules, and spousal support.
- Finalize the divorce decree, ensuring any military pension division order is properly drafted to meet Defense Finance and Accounting Service (DFAS) requirements.
For official Virginia statutes, refer to the Virginia Code Title 20, Chapter 6.1. Court information is available at the Arlington County Circuit Court website.
Why Choose Our Military Divorce Lawyer in Arlington County
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, personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, giving our firm unparalleled depth in property division cases—a crucial advantage in military divorces involving pensions and assets. We understand the unique pressures on military families in Arlington County, from deployment schedules affecting custody to the division of military benefits.
Our firm has a documented record of favorable outcomes in family law cases. Mr. Sris, the firm’s managing attorney with a background as a former prosecutor, provides oversight on complex strategic issues. His direct experience amending the state’s equitable distribution law is a unique asset for clients handling military pension division.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
Arlington Location — 1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250 | Local: (703) 636-5417
By appointment only.
Our Arlington location serves clients at the Arlington County courts. We provide representation for service members and spouses across neighborhoods including Crystal City, Rosslyn, Clarendon, Ballston, and Pentagon City. 24/7 phone consultations are available at (888) 437-7747; meetings are by appointment only.
Military Divorce Lawyer Arlington County — Frequently Asked Questions
How is a military pension divided in a Virginia divorce?
Yes, a military pension is divisible in a Virginia divorce under the Uniformed Services Former Spouses’ Protection Act (USFSPA). The Arlington County Circuit Court can treat the pension as marital property subject to equitable distribution under Va. Code § 20-107.3. The share awarded is typically based on the portion of service time that overlapped with the marriage.
Can a divorce proceed if my spouse is deployed?
It depends. The Servicemembers Civil Relief Act (SCRA) allows a deployed service member to request a stay (delay) of civil proceedings, including divorce. However, the stay is not automatic. An Arlington County military divorce lawyer can advise on filing procedures and whether the service member’s deployment affects the court’s ability to proceed with the case.
What is the 20/20/20 rule for military spouse benefits?
The 20/20/20 rule refers to eligibility for continued military benefits after divorce. If the marriage lasted 20 years, the service member served 20 years, and there was a 20-year overlap of marriage and service, the former spouse may retain full commissary, exchange, and health care benefits. A service member divorce lawyer Arlington County can clarify how this rule applies to your case.
How does deployment affect child custody in Arlington County?
Virginia courts prioritize the child’s best interests under Va. Code § 20-124.3. For a deploying parent, the custody order may include a detailed schedule for the deployment period and a reunification plan upon return. A military spouse divorce lawyer Arlington County can help draft a parenting plan that addresses these temporary changes and protects the deploying parent’s relationship with the child.
Where should I file for divorce if I’m in the military?
You may file for divorce in Virginia if it is your or your spouse’s legal residence (domicile) or if you are stationed in Virginia. For those stationed at the Pentagon or other bases in Arlington County, filing in Arlington County Circuit Court is often appropriate. Jurisdiction can be complex, so consulting a military divorce lawyer Arlington County is critical.
For more information, see our Virginia Family Law overview. We also assist with related matters like criminal defense in Arlington County.
Attorney advertising. Prior results do not aim for a similar outcome. Last verified April 2026.
Arlington County cases are handled by our Virginia military divorce practice, where the whole process is set out.