Spotsylvania Military Divorce Lawyers
Virginia law firm stands up for your rights
Divorce often requires resolution of material issues as property and debt division, spousal support and child custody, visitation and support. However, spouses who are military service members may have additional concerns and obligations to address. At Simmons and Hodge, PLC in Spotsylvania, Virginia, our attorneys understand the complexities of military divorce and will advocate for your rights and interests throughout the process. We assist clients throughout the greater Fredericksburg region.
Divorce filing process in Virginia
One of the key elements of military divorce is jurisdiction. Filing a divorce petition in Virginia requires legal residency in the state. As a service member stationed in Virginia, you have residency. If you are a non-military spouse, you must have lived in the state for six months to file. Our firm can determine if you meet the jurisdictional requirement, help you with the process of filing for divorce and carry out the necessary service of process.
Types of divorce
A divorce may be uncontested or contested. A divorce is uncontested when you and your spouse agree on all material terms. You enter a separation agreement, which is then is adopted by the court as part of your divorce decree. A divorce is contested when you disagree on any material issue, such as the grounds for divorce or any monetary or parenting terms. The disputes must be resolved through negotiation, mediation or trial. We can assist you with the goal of achieving a beneficial outcome.
Unique concerns for service members
A divorce involving a service member or spouse of a service member can be complicated due to these factors —
- Servicemembers Civil Relief Act (SCRA) — This federal statute protects against a divorce occurring when duties prevent a military member from participating. Serving divorce papers must comply with special rules if the active-duty spouse is deployed overseas or out of state.
- Division of military benefits and pensions — The federal Uniformed Services Former Spouses’ Protection Act (USFSPA) sets out strict rules that determine eligibility for continued military retirement pay, pensions and healthcare benefits (like TRICARE).
- Child custody, visitation and support — Courts must weigh the realities of deployments and relocations in military service when deciding visitation schedules and parenting plans. In addition, enforcing child support can present special considerations.
- Housing and financial security — Military spouses may lose access to base housing and certain allowances after divorce.
As family law attorneys in Virginia, a state with a large military presence, we are well informed in all areas of divorce involving service members. You can count on our firm to stand up for your interests.
How an experienced divorce lawyer can help
A military divorce requires dealing with state and federal law. This includes determining the non-military spouse’s entitlement to a share of pension benefits and their eligibility for continued TRICARE, commissary and exchange privileges. Even when one spouse is in the military, the courts prefer to award joint child custody unless it would have a negative impact on the child’s best interests. As experienced military divorce attorneys, we can negotiate a property settlement and a parenting plan that will protect your rights and be well-suited to your family situation.
Contact a skilled Virginia attorney for assistance
The lawyers at Simmons and Hodge, PLC, with offices in Spotsylvania, advocate to obtain the best outcomes for service members and spouses of service members who are divorcing. Call us at 540-710-7800 or contact us online to schedule a consultation.
