Divorce/Dissolution of Marriage
Military divorce follows both state divorce laws and certain federal regulations, making the process more complex than a standard civilian divorce. While divorce—legally known as the “dissolution of marriage”—ends the marital relationship and restores each spouse to single status, service members and military spouses often face additional considerations. Our military divorce lawyers in Virginia Beach help clients navigate issues such as military pensions, benefits eligibility, spousal support, child custody across deployments, child support, property distribution, and the division of marital debts.
Historically, spouses needed to prove fault—such as adultery, cruelty, or abandonment—to obtain a divorce. Today, every state, including Virginia, allows no-fault divorce. However, in a military divorce, a service member’s conduct, deployment history, or time away from home may still factor into decisions about custody, support, and property division.
In Virginia, establishing a legal separation is typically straightforward and doesn’t require a court order. For military families in the Hampton Roads area, separation is recognized when spouses live apart—physically and with the intent to end the marriage. Because military service can complicate timelines and residency requirements under the Service members Civil Relief Act (SCRA), working with an experienced military divorce attorney in Virginia Beach is essential. Our team ensures your rights, benefits, and family interests remain fully protected throughout the process.
Property Division in Military Divorce
Military divorces follow state property laws, but federal rules—especially the Uniformed Services Former Spouses’ Protection Act (USFSPA)—affect how military pensions and benefits are divided. States use either community property or equitable distribution when dividing assets. In equitable distribution states like Virginia, courts divide marital property fairly, not necessarily equally, considering each spouse’s contributions, financial needs, tax impacts, and the value of military benefits.
Court Decisions & Agreements
Courts typically determine final terms but will honor valid prenuptial or postnuptial agreements. Many military couples reach their own agreements through negotiation or mediation, leading to an uncontested divorce, which can be faster and less expensive than a contested case.
Child Custody in Military Families
Custody decisions focus on the child’s best interests while also accounting for deployments, relocations, and military schedules. Parents may submit a parenting plan, come to an agreement, or rely on the court to establish one.
Filing & Legal Requirements
Military divorces must be filed in a state where one spouse meets residency requirements or is stationed. State law governs the process, while federal protections like the Servicemembers Civil Relief Act (SCRA) may delay proceedings if a service member is deployed.
Fault vs. No-Fault Divorce
Military spouses may file for either type.
- Fault: Requires proving misconduct such as adultery or abandonment, which may influence property division or support.
- No-Fault: Based on required separation periods and is the most common.
Additional Considerations
Military divorces often involve:
- Division of military retirement and TSP accounts
- Support calculations based on military pay and allowances
- Deployment-related custody arrangements
- TRICARE eligibility questions
- Division of debts and marital assets
Working with an attorney experienced in military divorce helps ensure all benefits, rights, and obligations are properly addressed.
Call (757) 354-1243 to schedule a consultation
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