Fairfax And Arlington, VA Military Divorce Lawyer Claudia Zucker

As a family law attorney representing both members of the military and the spouses of service members in Virginia, my clients frequently ask about the differences between a civilian and military divorce. The fact of the matter both types of divorce can be quite complicated and the differences revolve around issues that specifically affect current military members or retired military members. If you or your spouse is a member of the armed services and are seeking a dissolution of marriage in the Commonwealth of Virginia, you need a lawyer who is well versed in military divorces.

Characteristics of a Military Divorce in VA

• Potential Delays Pursuant to the Service Members Civil Relief Act – While deployed, military members are shielded from civil lawsuits, including divorce. A Virginia court can delay a divorce proceeding during, and for up to sixty days after, a military member is on active duty.

• Residency Requirement – You may file for divorce in the Commonwealth of Virginia if you are a resident and intend to remain in Virginia indefinitely; if you or your spouse is a military member stationed here for at least six months and then there is no requirement that you intend to remain here indefinitely; or your spouse who is a military member claims legal residency here.

• Division of Marital Assets – For the most part, marital property is divided similarly to the way that it would be in a civilian divorce. The military pension, however, is divided according to the Uniformed Services Former Spouse Protection Act, which allows for some of the pension benefits to be paid to a former spouse.

• Virginia Court Jurisdiction – In order for the courts of the Commonwealth of Virginia to have jurisdiction, the military member must be served with a petition for divorce. A military member who is on active duty is shielded by the Service Members Civil Relief Act from participating in the litigation while on active duty which may cause significant delays.

• Child Support – Like other parents, military members are expected to pay child support, but you may not be able to collect amounts that exceed sixty percent of the service member's pay regardless of how far behind they are in their payments. Keep in mind that their lack of payments of court ordered support may negatively impact their military careers.

Naturally, all divorces are unique and additional complications and unforeseen eventualities can arise. You need a divorce lawyer with knowledge and experience. For over two decades I have represented members of the military or their non-military spouses in divorce proceedings. If you are a member of the military or the spouse of a service member in northern Virginia, call my Arlington office at (703) 596-1005.