Results: 5

Virginia Military Divorce Lawyers

Brook M. Thibault avatar
  • Virginia
Brook M. Thibault is a Virginia Beach trial lawyer, former Associate Counsel for CMA CGM (America) LLC the world's third largest container ship company, and Pub...
  • Animal & Dog Law
  • Business Law
  • Criminal Law
  • +5
  • Divorce
  • DUI & DWI
  • Family Law
  • Insurance Claims
  • Personal Injury
Brook M. Thibault is a Virginia Beach trial lawyer, former Associate Counsel for CMA CGM (America) LLC the world's third largest container ship company, and Pub...
  • Animal & Dog Law
  • Business Law
  • Criminal Law
  • +5
  • Divorce
  • DUI & DWI
  • Family Law
  • Insurance Claims
  • Personal Injury
  • Virginia
I'm Adriana F. Estevez, and my legal practice covers Divorce, Family Law, Immigration Law. Working across Virginia, I've established a reputation for excellence...
  • Divorce
  • Family Law
  • Immigration Law
I'm Adriana F. Estevez, and my legal practice covers Divorce, Family Law, Immigration Law. Working across Virginia, I've established a reputation for excellence...
  • Divorce
  • Family Law
  • Immigration Law
  • Virginia,
  • North Carolina
As Laura B. Butler, my expertise in Divorce, Family Law is well-established. Working across North Carolina, Virginia, I've established a reputation for excellen...
  • Divorce
  • Family Law
As Laura B. Butler, my expertise in Divorce, Family Law is well-established. Working across North Carolina, Virginia, I've established a reputation for excellen...
  • Divorce
  • Family Law
  • Virginia
I'm Michael A Robinson, and my legal practice covers Cannabis & Marijuana Law, Criminal Law, Divorce, Domestic Violence, DUI & DWI, Estate Planning, Family Law,...
  • Cannabis & Marijuana Law
  • Criminal Law
  • Divorce
  • +7
  • Domestic Violence
  • DUI & DWI
  • Estate Planning
  • Family Law
  • Juvenile Law
  • Personal Injury
  • Traffic Tickets
I'm Michael A Robinson, and my legal practice covers Cannabis & Marijuana Law, Criminal Law, Divorce, Domestic Violence, DUI & DWI, Estate Planning, Family Law,...
  • Cannabis & Marijuana Law
  • Criminal Law
  • Divorce
  • +7
  • Domestic Violence
  • DUI & DWI
  • Estate Planning
  • Family Law
  • Juvenile Law
  • Personal Injury
  • Traffic Tickets
  • Virginia
My name is Benjamin N. Griffitts, and I specialize in Cannabis & Marijuana Law, Criminal Law, Divorce, Domestic Violence, DUI & DWI, Estate Planning, Family Law...
  • Cannabis & Marijuana Law
  • Criminal Law
  • Divorce
  • +7
  • Domestic Violence
  • DUI & DWI
  • Estate Planning
  • Family Law
  • Juvenile Law
  • Personal Injury
  • Traffic Tickets
My name is Benjamin N. Griffitts, and I specialize in Cannabis & Marijuana Law, Criminal Law, Divorce, Domestic Violence, DUI & DWI, Estate Planning, Family Law...
  • Cannabis & Marijuana Law
  • Criminal Law
  • Divorce
  • +7
  • Domestic Violence
  • DUI & DWI
  • Estate Planning
  • Family Law
  • Juvenile Law
  • Personal Injury
  • Traffic Tickets

Divorce is a challenging life event, but military divorce involves a unique complexity due to the intertwining of military regulations and state laws. When navigating a military divorce in Virginia, the divorce process for military personnel has specific considerations that distinguish it from civilian divorces and you can seek guidance from a military divorce lawyer Virginia or military divorce attorney Virginia. Understanding the nuances and laws governing military divorce in Virginia can ease this difficult transition and help protect the rights and interests of both parties.

Military divorce lawyers in Virginia are extremely capable of handling this process.

Overview of the Military Divorce System of Virginia

Military divorces in Virginia are governed by both federal and state laws. The federal government has enacted legislation that impacts how military pensions are divided and when and where a military divorce can be filed. Virginia state law specifies residency requirements, grounds for divorce, and provisions for child and spousal support, among other aspects.

For those looking for immediate assistance they should try to seek the expertise of the best military divorce attorney Virginia. The concerned parties can look up military divorce lawyer Virginia near me or military divorce attorney Virginia near me which will help them in deciding to choose a capable Virginia military divorce lawyer or Virginia military divorce attorney.

What sets military divorce apart from civilian divorce?

  • Servicemembers Civil Relief Act (SCRA): This federal law offers protection to active-duty service members and may impact the timing of a divorce. It allows for the postponement of legal proceedings if military obligations inhibit a service member's ability to participate. 
  • Uniformed Services Former Spouses' Protection Act (USFSPA): USFSPA governs the division of military retirement pay. Importantly, it allows state courts to distribute military retirement pay as property, not income, which can significantly affect the financial outcome for both parties.
  • Residency and filing requirements: Typically, one can file for divorce in the state where either spouse has legal residency. For military families, this can be the state in which the military member is stationed, where they claim legal residency, or where the non-military spouse resides.

Key Aspects of Military Divorce in Virginia

Virginia treats military retirement benefits as marital property, which can be divided during divorce proceedings; Virginia military divorce attorneys are extremely capable of handling these situations. The division is not always equal, and the court will determine if the pension should be divided and, if so, in what proportion.

What about child custody and visitation?

Child custody and visitation are often more complex in a military divorce scenario due to potential deployments and relocations. Virginia courts will prioritize the best interests of the child, considering factors like stability and the ability to maintain a relationship with both parents.

Support considerations: How does this work?

In Virginia, both child and spousal support are considered during a military divorce. The amount and duration of support may be affected by the length of the marriage, the earning capacity of each spouse, and other factors. For military members, pay scales and benefits are taken into account when calculating these figures.

The Role of a Military Divorce Attorney in Virginia

Why is it crucial to have a military divorce attorney in Virginia?

  1. Understanding of military benefits: A military divorce lawyer in Virginia will be well-versed in the nuances of military benefits and pensions and how they impact divorce proceedings.
  2. Experience with SCRA and USFSPA: They can navigate the complexities of the Servicemembers Civil Relief Act and the Uniformed Services Former Spouses' Protection Act.
  3. Familiarity with jurisdiction issues: Military divorce attorneys understand the importance of choosing the right jurisdiction in which to file and how it can affect the outcome of the divorce.
  4. Advocacy and representation: They act as advocates for the service member or the spouse, ensuring that their rights are protected throughout the divorce process.

It is important to select an attorney who has experience dealing with the specific challenges of military divorces, as they differ considerably from civilian divorces. Where should you find such a lawyer, and what should you expect from them?

A reliable place to begin your search would be through a legal directory where you can look up military divorce lawyers Virginia. Upon retaining a military divorce attorney, you should expect them to:

  • Guide you through the entire divorce process, from filing the petition to final decree;
  • Provide a clear explanation of your legal rights and obligations; 
  • Offer strategic advice tailored to the particulars of your case;
  • Represent you in negotiations and court hearings;
  • Assist in the division of military benefits and in setting child and spousal support.

Ending a marriage is never easy, but understanding the essential role a military divorce attorney plays in Virginia can be a vital step in navigating the complexities of a military divorce with confidence.