Manassas Military Divorce Attorneys
Navigating Virginia Military Divorce Laws
Military divorces can present unique challenges. Therefore it is imperative you select Manassas military divorce lawyers who are knowledgeable with the specific requirements, exceptions and benefits that come with military divorces.
Need help pursuing a military divorce in Virginia? We can help you through the process. Contact Family Law Group today to discuss your legal needs.
Can Military Personnel File for Divorce In Any State?
Determining which state to file a divorce action can be difficult given the unique domicile and residency exceptions most military members and their families have. Filing in the state in which the military member resides is important because only that state has the power to divide the military pension in the event of a divorce, unless the military member consents to jurisdiction. Visit our page on divorce in Virginia for more information on the divorce process in the state.
Divorce can be complex when both or one spouse is an active military member. The petition for a divorce must be filed in the state which the military member has their official residence unless the military member consents. Filing in the state which the military member resides in is important because the Uniformed Services Former Spouses Protection Act (USFSPA) establishes that the state where the spouse in the military resides is the only state that has the power to divide up the military pension in the event of a divorce. If Virginia is not the official residence of the military spouse, the other spouse must have lived in Virginia for at least 6 months to file in the state, or the military member must consent to jurisdiction.
What is a Military Spouse Entitled To in a Divorce?
In Virginia, the benefits at issue in a military divorce include such things as entitlement to health insurance, continuance of coverage under the Servicemembers Guaranteed Life Insurance policy, and military pensions and thrift savings plan accounts. will likely be considered marital property subject to division in the divorce. In dividing the military pension, there are many issues to consider such as do the spouses meet the 10-10, 20-15, or 20-20 rule for these benefits.
The Survivor Benefit Plan (SBP) created by the military ensures that the surviving non-military spouse gets 55% of the non-surviving military spouse. Be aware that a military member can decide to give the SBP to the spouse they are divorcing or withhold it for a potential future spouse.
Visit our Military Retirement page for more details about military pensions.
Let a Skilled Military Divorce Attorney in Virginia Help
Virginia has a specific laws addressing a variety of matters like military divorce. If you have legal concerns or questions about a particular divorce issue or order in the state, consult an experienced Manassas military divorce lawyer in for legal advice.