Stafford Military Divorce Lawyers

Knowledgeable Attorneys for Military Divorce in Stafford, Virginia

A divorce with a member of the U.S. military invites extra complications relating to the division of certain property and benefits, the timing of the divorce itself, and child custody. Whether you are a civilian or a member of the armed forces, seeking legal representation is always advisable. A Stafford, VA military divorce attorney can inform you of your rights and advocate for you throughout the proceedings.

At Meyer & Bowden, PLLC, we can help you navigate the complexities of a military divorce, drawing on decades of legal experience. Attorney Tracy A. Meyer has been rated as AV Preeminent by Martindale-Hubbell, signifying her high ethical standards and professional excellence.

Are Military Retirement Benefits Divisible in a Virginia Divorce?

Military retirement benefits earned during the marriage are considered marital property subject to equitable distribution under Virginia law. When a service member and spouse were married for at least 10 years overlapping with the service member's creditable military service, federal law allows the former spouse to receive their share of retirement pay directly from the Defense Finance and Accounting Service (DFAS). This "10/10" rule ensures that payments flow automatically rather than through regular spousal support channels.

If the marriage does not meet the 10/10 threshold, retirement benefits remain divisible but must be distributed through the couple's overall property settlement. In those cases, the value of the military retirement is calculated and offset by other marital assets so that both parties receive a fair share consistent with equitable distribution principles.

Beyond retirement pay, property division in a military divorce encompasses all marital assets, which may include real estate, investments, vehicles, and personal belongings. Courts apply equitable distribution to allocate value fairly. Our firm can help you negotiate for a fair share of assets, regardless of your military or civilian status.

Military Spouses on Active Duty During a Divorce

When a military spouse is on active duty, the Servicemembers Civil Relief Act (SCRA) provides critical protections in divorce proceedings. The SCRA allows a service member to request a stay of proceedings for up to 90 days, ensuring that they have a meaningful opportunity to participate. Judges may grant additional relief for cause.

Active duty status can also affect jurisdiction. If a service member is stationed outside Virginia, they may still file for divorce in Stafford County if they maintain home-state residency. Conversely, nonmilitary spouses may pursue divorce in the service member's home state under certain circumstances. Legal guidance is vital to navigate these jurisdictional questions and to use SCRA protections effectively.

How Is Child Custody Handled in a Military Divorce?

Child custody determinations in a military divorce follow Virginia's "best interests of the child" standard. Factors include the child's age and needs, each parent's ability to provide stability, and the relationship between the child and each parent. Military families face unique challenges, such as frequent relocations and deployments.

The Virginia Military Parents Equal Protection Act further guards against discrimination based on military service. Courts must consider whether a parent's active duty obligations justify custody arrangements that accommodate deployments and training schedules. Shared custody plans often include provisions for extended visitation during leave periods and clear communication protocols during deployments. Early planning and detailed parenting agreements can minimize conflict and support the child's well-being.

Contact a Stafford, VA Military Divorce Attorney

Navigating the interplay of federal statutes, military regulations, and Virginia family law requires specialized experience. At Meyer & Bowden, PLLC, we understand the nuances of military divorce, from DFAS orders to SCRA stays and custody accommodations. We will evaluate your circumstances, explain your rights, and craft a strategy tailored to your family's needs. Call 703-722-8692 or contact our Stafford, Virginia military divorce attorneys to discuss your case.