Military divorce can be highly complicated due to the fact that the rules involved are complex and beyond the understanding of the common man. It is crucial to know every detail of the process before proceeding. Discussing the military divorce in Virginia with our attorney can help you understand the process involved and the steps you need to take. Our team has helped several clients like you and can provide you with effective assistance at every stage of the military marriage termination in Virginia. We know that you are unable to accept the change that the marriage termination can bring to your life. The questions of custody and support can be emotionally traumatic. To think that you will no longer be able to communicate with your children or spend time with your children without the intervention of the court can be painful and hard to accept. The main problem in these cases involving a military divorce in Virginia is that the non-military spouse has spent quality time with the children and the children prefer remaining in the custody of the non-military spouse and not you. The fact that the children do not want to stay with you can multiply your sorrow. It is important to stay calm during such emotionally tough times to make the right decision. Take the guidance of our military lawyer before you proceed with the Virginia military divorce case. Never assume that the Virginia military divorce process is simple. You require the assistance of a professional every step of the way. Things that worked for your friend’s military divorce in Virginia may not work for you.
Handling a Military Divorce in Virginia
Military divorce in Virginia is complicated due to several reasons. The primary reason is that marriage dissolution for individuals in the armed forces has several complex issues such as where to commence the proceeding. If you are someone contemplating marriage dissolution and your spouse is in the armed forces, your first step should be to discuss your decision with a lawyer skilled in dealing with military divorce in Virginia. By discussing the issues with a proficient attorney, you will understand the complexities involved in the process. In these situations, your mind is preoccupied with thoughts about the possible changes you will have to endure after the separation. Your mind is no longer stable. At this point, it is always prudent to take the guidance of our team at The Law Offices Of SRIS, P.C. Our Virginia Military Divorce team will guide you through every stage in the process. We will explain the nuances involved in filing for military divorce in Virginia to help you proceed in the right direction.
The Military Ex Spouse Act Changes
The crucial issues involved in Military Divorce In Virginia include among other issues retirement payments, pension payments, and the question of whether the spouse has a share in disability pay and special compensation for combat-related disabilities. Our Virginia military divorce lawyers are experienced in dealing with these matters and can assist you in getting a favorable outcome. Previously, the United States Supreme Court had ruled that the State Courts could not divide the retirement pay as an asset of the marriage. However, when the Uniformed Services Former Spouses’ Protection Act (USFSPA) was passed in the year 1982, it changed the existing situation and allowed State Courts to divide retirement pay under State law if certain conditions were satisfied. In 2016 the Act was amended and the Military Ex Spouse Act Changes include dividing the retirement pay based on the rank that the spouse held in the armed forces and the number of years the said individual served. To know more about how the process of the military divorce in Virginia has changed, you should schedule a consultation with our team at The Law Offices Of SRIS, P.C. Our Virginia military attorney will take the time to discuss all aspects of your case with you. By discussing the facts of your case with our Virginia military divorce attorney, you can find winning strategies.
In a military divorce in Virginia there are several questions that clients have regarding the military spouse’s disposable retirement pay. The term disposable retirement pay means the amount that the Court has to split between the divorcing couple. Our team dealing with your Military Divorce In Virginia will provide you with a comprehensive analysis of the factors that are considered in determining the disposable retirement pay. In general, disposable retired pay is the amount calculated after deducting any repayments to the federal government, deductions for court marital fines, disability pay, and survivor benefit payments from the gross retirement pay that the military spouse is entitled to receive. According to the provisions of the Uniformed Services Former Spouses’ Protection Act in determining the share of the spouse in a military divorce in Virginia, only the disposable retired pay should be considered. For more information about disposal retired pay in a military divorce in Virginia, call our team at The Law Offices Of SRIS, P.C. at once. We can provide strategic solutions that can alter the outcome of your military divorce in Virginia.
Complex Rules Applicable Such as the 10 Year Rule
Most people are unaware of the 10-year rule that applies to a military divorce in Virginia. This rule is important to determine the share that the spouse of an individual in the armed forces obtains after a Virginia military divorce. According to this rule, the period of marriage should be ten years. Additionally, the spouse in the armed forces is required to have been in the military for 10 years of the marriage. If a divorce case in Virginia satisfies both these conditions, a spouse is entitled to receive a share in the retirement pay and the spouse is paid the sum he/she is entitled to by the Defense Finance and Accounting Services. Most parties are unaware of the technicalities involved in a divorce in Virginia. It is always essential to know about the complex issues that can arise in divorce in Virginia. Speak to our lawyer about your divorce in Virginia to obtain a favorable order.
Most clients filing for divorce in Virginia want to know what happens if they are unable to fulfill the legal criteria as provided under the Military Ex Spouse Act Changes. In these situations, the paying spouse makes payment directly to the civilian spouse. An important point to be noted about the 10-year rule is that the date used to evaluate one’s share after a divorce in Virginia involving a spouse in the armed forces is the date of the divorce and not the date of separation. For equitable distribution purposes in divorce in Virginia, the date of separation is the date taken to calculate the share of each spouse in the marital assets. There are several other complex issues involved in a military divorce in Virginia. The filing procedure is complex and proceeding without the support of an attorney may result in mistakes that can bring an unfavorable outcome in your military divorce in Virginia.
Do not be perplexed by the process. Our Virginia military divorce attorney can adeptly guide you through every step. Pick the phone and call us at The Law Offices Of SRIS, P.C. for immediate solutions!! We will assist you with all your legal issues.