Military Divorces and Pensions

Northern Virginia Military Divorce Lawyer

It’s difficult enough for any couple to go through a divorce. However, when you’re in the military, divorce is usually more intricate and problematic for you than it is for civilians, and raises many questions. Where do you file? What happens to your children if you are transferred or deployed? What about child support and visitation? How will you divide up your marital property, including subsistence and housing allowances, combat pay, bonuses, military pensions and survivor benefits?

With more than 15 years of experience in the most complex areas of family law, attorney Claudia Zucker has skillfully served the members of America's armed forces and their families in Northern Virginia through serious transitions.

Contact her online or call (703) 596-1005 for an initial evaluation.

 

Military Divorces and Multiple Jurisdictions

The state in which a service member files for divorce determines how child support, custody and spousal support arrangements are created. Military personnel or their spouses are allowed to file for divorces in:

The state where they are stationed, regardless of whether either spouse is a legal “resident” -The state where the service member has legal residency after discharge or retirement

• The state where they are stationed, regardless of whether either spouse  is a legal “resident”
• The state where the service member has legal residency after discharge or retirement
• The state where the service member’s spouse claims to have legal residency

Once you get a divorce, it usually affects child custody arrangements, visitation arrangements, alimony, and child support arrangements when you are reassigned, relocated, or transferred. If you need to request a modification to your child custody order or modify your current obligations, you should speak to an experienced military and family law attorney.

When an active-duty spouse is stationed or deployed overseas, it can create delays in your divorce proceeding. Under the Servicemember's Civil Relief Act (SCRA), military personnel are protected from lawsuits during (and for 60 days after) active duty. This protection includes divorces. Attorney Claudia Zucker handles all types of military divorces as quickly and efficiently as possible.

Division of Marital Property in a Military Divorce

Federal law authorizes state courts to divide military benefits, including military pay, in the course of a divorce. While the law doesn’t specifically address how to divide military pay, it does authorize Virginia to apply state law to determine how assets and possessions will be divided.

In addition to her extensive experience handling military divorces, Attorney Zucker is familiar with the 10-year rule, asset division via Qualified Domestic Relations Orders (QDRO) and other regulations that are relevant to military divorces. There’s no need for guesswork; she will take you through each step and protect your rights from filing to decree.

 

Experienced Northern Virginia Military Divorce Attorney

Attorney Zucker meets one-on-one with each client and delivers excellent legal counsel and personal service. If you’re in the U.S. military and you’re considering a divorce, please contact her online or call (703) 596-1005 to schedule an appointment with her office today.

Contact Us

If you have questions about your military divorce or child custody case, please call our office at (703) 596-1005 to schedule your appointment with an experienced child custody attorney today.