Virginia divorce representation for service members and military spouses, including families connected to Marine Corps Base Quantico, Naval Support Facility Dahlgren, and Fort Belvoir
Military families go through the same Virginia divorce process as anyone else, but military service can add questions that do not come up in most divorces.
Where should the case be filed if one spouse is stationed in Virginia but considers another state home? How is military retirement divided? What happens to TRICARE or the Survivor Benefit Plan? How should a custody agreement account for deployment, training, or a PCS?
Rinehart Bryant represents service members and military spouses in Virginia divorces, including cases where the duty station, home of record, and legal residence are three different places.
We regularly appear in the Stafford County and Spotsylvania County Circuit Courts, and consultations are available by phone, video call, or in person at either office.
Schedule a consultation with Rinehart Bryant.
Is This Your Situation?
You may need a lawyer familiar with military divorce if:
- You are stationed in Virginia but are not sure whether Virginia is the right place to file.
- Your spouse lives in another state, or your home of record is somewhere else.
- Your military pension is one of the largest assets in the marriage.
- A deployment, training rotation, or PCS could affect custody or visitation.
- You need to know what happens to TRICARE, the Survivor Benefit Plan, or other military benefits after divorce.
- You have already spoken with a JAG attorney but need a civilian lawyer to represent you in Virginia court.
It is worth sorting these issues out early, especially before filing or signing an agreement.
Virginia Family Law and Federal Military Rules in One Case
A military divorce can involve Virginia family law and federal military rules at the same time.
Our family law attorneys handle Virginia divorce, custody and visitation, child support, and the military-specific issues that can affect retirement, benefits, and parenting arrangements. Our attorneys can address those military issues as part of the divorce, rather than treating them as separate problems.
Our Stafford office is near the Stafford County Courthouse and a short drive from Quantico. Our Spotsylvania office is near the Spotsylvania County Circuit Court. We regularly appear in both courts.
Because military service does not always make it practical to sit in a lawyer’s office, consultations are available by phone, video call, or in person.
I am in the military and stationed on the West coast. After only a few months on the West coast, my wife took our son and returned to VA. Throughout the process, Mr. Bryant was in constant communication with me via phone calls and emails. He was patient and honest. In the end, Mr. Bryant won custody of my 2 yr old son for me.
Josh, client review
Case results depend on the specific facts and circumstances of each case. This result does not predict or guarantee the outcome of any other case.
Issues We Handle in Virginia Military Divorces
Filing in the Right State
A service member may be stationed in Virginia while maintaining a home of record or legal residence somewhere else. A spouse may live in another state entirely.
That can make jurisdiction one of the first important questions in the case.
Virginia generally requires one spouse to have been a resident and domiciliary of the Commonwealth for at least six months before filing. Virginia law also has specific residency provisions for service members who have been stationed or living in Virginia for at least six months.
Before you file, we look at where each spouse lives, where the service member is stationed, and whether Virginia is the right place for the case.
Military Retirement
Military retirement can be one of the most valuable assets in a marriage.
Federal law affects how military retired pay can be divided and how payments can be made to a former spouse. Rules such as the Frozen Benefit Rule and the 10/10 rule address different issues and are often misunderstood.
We explain how the rules apply to your marriage and address military retirement as part of the divorce and property division process. We go through the math in more detail in our article on how Virginia treats military retirement pay, which also has a calculator we built that estimates the marital share based upon your marriage and service dates.
Survivor Benefit Plan
Military retired pay generally ends when the service member dies. Survivor Benefit Plan coverage can provide continuing benefits to a former spouse, but it needs to be addressed correctly during the divorce.
If SBP coverage is part of your case, we address it before the separation agreement or final decree is signed.
TRICARE and Military Benefits
A former spouse’s eligibility for TRICARE and other military benefits can depend on the length of the marriage, the service member’s years of creditable service, and how much those periods overlap.
The commonly discussed 20/20/20 and 20/20/15 rules can lead to very different results.
We determine which rules apply so you know what benefits may continue after the divorce and what may end when the divorce becomes final.
Deployment, PCS, and Child Custody
Military orders can change faster than a family court schedule.
Virginia law provides specific protections when deployment affects custody or visitation. A military parenting plan may also need to account for deployments, training, PCS moves, communication with children while a parent is away, and what happens when the service member returns.
We help military parents create custody arrangements that account for the realities of military service.
Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act can provide protections when military duties make it genuinely difficult or impossible for an active-duty service member to participate in a court case.
Those protections are not automatic in every military divorce. When the SCRA applies, we can help request the appropriate relief and make sure the court understands how military duties are affecting your ability to participate.
Your First Meeting
Your first meeting can last up to an hour. Bring whatever you have, including current orders, a recent Leave and Earnings Statement, existing court orders, and information about your marriage and service dates.
We will talk through:
- Whether Virginia is the right place to file.
- Which military benefits or retirement interests may be involved.
- How military pay may affect spousal support and child support.
- Whether deployment or PCS orders require special custody provisions.
- What needs to be addressed before you sign a separation agreement or final decree.
Many military divorces can be resolved through negotiation and a separation agreement. Others require litigation. We handle both.
Schedule a consultation with Rinehart Bryant.
Frequently Asked Questions About Military Divorce in Virginia
Can a JAG attorney handle my divorce?
A JAG legal assistance attorney may be able to explain your rights, review documents, and provide other legal assistance. JAG attorneys generally do not represent service members in a Virginia divorce case, so you may still need a civilian family law attorney to handle the divorce itself.
Can I file for divorce in Virginia if I am stationed here?
Possibly. Virginia has specific residency rules for divorce, including provisions that apply to service members stationed in the Commonwealth. We can review your circumstances and determine whether Virginia is an appropriate place to file.
Does the 10/10 rule mean my spouse gets half of my military retirement?
No. The 10/10 rule concerns whether the Defense Finance and Accounting Service (“DFAS”) can make direct payments to a former spouse. It does not determine whether a former spouse is entitled to a share of military retirement or how large that share would be.
What happens to TRICARE after divorce?
That depends on the length of the marriage, the service member’s creditable service, and how much the two overlap. Some former spouses qualify for continued TRICARE coverage under federal rules, while others lose coverage when the divorce becomes final.
Can deployment affect my custody rights?
Yes. Virginia law includes specific protections for military parents whose custody or visitation is affected by deployment. A custody order should account for deployment before problems arise.
Talk With a Virginia Military Divorce Lawyer
Military divorce can involve Virginia family law, federal military rules, and practical problems created by deployments, transfers, and spouses living in different states.
Rinehart Bryant represents service members and military spouses in Virginia divorces from our Stafford office and our Spotsylvania office.
Consultations are available by phone, video call, or in person.
Stafford: (540) 369-8855
Spotsylvania: (540) 369-8066
Schedule a consultation with Rinehart Bryant.