Military Divorce Lawyer New Kent County — Protecting Service Members’ Rights
A military divorce in New Kent County involves unique federal and state laws, including the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA). Law Offices Of SRIS, P.C. provides focused representation for service members and spouses, handling complex issues like military pension division, TRICARE benefits, and custody during deployment.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Military Divorce Law in Virginia
Military divorces in Virginia are governed by state law, primarily Va. Code § 20-91 (divorce grounds), but are heavily influenced by federal statutes. Virginia is an equitable distribution state under Va. Code § 20-107.3, a statute personally amended by Mr. Sris. For military personnel, the USFSPA allows states to treat disposable military retired pay as marital property subject to division. The SCRA provides protections against default judgments for deployed service members. Founded in 1997 by former prosecutor Mr. Sris, our firm has the specific knowledge needed for these complex cases.
Key Considerations for Service Members and Spouses
Military divorces present distinct challenges. A service member divorce lawyer New Kent County must address jurisdictional issues if the service member is stationed elsewhere. The 20/20/20 rule (20 years of marriage, 20 years of service, and 20 years of overlap) determines indefinite TRICARE eligibility for the former spouse. Division of the military pension requires a court order acceptable for processing (COAP). For the civilian spouse, a military spouse divorce lawyer New Kent County focuses on protecting entitlement to a share of the pension and other benefits earned during the marriage. New Kent County Circuit Court handles all divorce filings.
- Consult with a military divorce attorney to review your military benefits and entitlements.
- Determine proper jurisdiction (Virginia vs. state of legal residence) and file the complaint in New Kent County Circuit Court.
- Address temporary orders for support and custody, considering potential deployment schedules.
- handle discovery, which may involve obtaining military personnel and finance records.
- Negotiate or litigate the division of military pensions, SBP coverage, and other assets.
- Finalize the divorce decree with precise language for DFAS and other military agencies.
Potential Outcomes in a Military Divorce
In New Kent County, a military divorce can involve division of the military pension, spousal support based on military pay, and child support calculated under Virginia guidelines, which consider military allowances like BAH and BAS.
| Issue | Legal Standard | Potential Outcome |
|---|---|---|
| Military Pension Division | USFSPA; Va. Code § 20-107.3 | Up to 50% of disposable retired pay accrued during marriage. |
| Child Support | Va. Code § 20-108.2 | Calculated using total military pay and allowances. |
| Spousal Support | Va. Code § 20-107.1 | Based on need, ability to pay, and military pay grade. |
| Medical Benefits | 20/20/20 Rule | Former spouse may retain TRICARE eligibility. |
| Custody/Deployment | Va. Code § 20-124.3 | Parenting plans must account for military duties. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Military Divorce
Law Offices Of SRIS, P.C., founded in 1997, brings over 120 years of combined legal experience to complex family law matters. Our founder, Mr. Sris, personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving us deep insight into property division. We understand the interplay between Virginia divorce law and federal military statutes. Our team, including attorney Samantha Powers, is committed to providing clear guidance through the unique challenges faced by military families in New Kent County.
Case Results and Client Focus
Our firm has a documented record of favorable outcomes in family law matters. In New Kent County, we have achieved results for clients facing the details of military divorce. Mr. Sris, with his background as a former prosecutor and his direct role in shaping Virginia’s equitable distribution law, provides strategic oversight on these cases.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our New Kent County Military Divorce Lawyers
Our Richmond location serves clients in New Kent County. We are accessible via I-64 and Route 33, near the Colonial Downs area.
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: (804) 201-9009
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve New Kent, Providence Forge, and Quinton.
Military Divorce in New Kent County: Frequently Asked Questions
How is a military pension divided in a Virginia divorce?
Yes, it can be divided. Under the USFSPA and Va. Code § 20-107.3, the portion of disposable military retired pay earned during the marriage is marital property. A court order acceptable for processing (COAP) is required for the Defense Finance and Accounting Service (DFAS) to make direct payments.
Can I file for divorce in New Kent County if my spouse is deployed?
Yes. The Servicemembers Civil Relief Act (SCRA) protects deployed members from default judgments but does not prevent filing. A military divorce lawyer New Kent County can ensure proper service and request a stay if necessary, while moving the case forward in New Kent County Circuit Court.
What happens to TRICARE benefits after a military divorce?
It depends on the 20/20/20 rule. If the marriage lasted 20 years, the service member served 20 years, and there was a 20-year overlap, the former spouse retains indefinite TRICARE eligibility. Otherwise, coverage typically ends one year after the divorce is final.
How does deployment affect child custody arrangements?
Virginia law requires parenting plans to consider a parent’s military duties. A temporary custody order may be established during deployment. A military spouse divorce lawyer New Kent County can help draft a plan that addresses deployment schedules and maintains the parent-child relationship.
Where should a service member file for divorce?
Jurisdiction can be in Virginia if the service member claims Virginia as their legal residence (domicile) or is stationed here. A service member divorce lawyer New Kent County can analyze residency and military status to determine the proper venue, which may be New Kent County Circuit Court.
Related Practice Areas: Henrico County Family Lawyer | New Kent County Criminal Defense Lawyer
Need a Military Divorce Lawyer? Virginia Family Law Hub
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
New Kent County is one part of a statewide practice, and our page on military divorce lawyer Virginia covers the process from start to finish.