Military DivorceMiltary Divorce and Custody Lawyers
Experienced Virginia Military Custody and Divorce lawyers serving Fort Lee and the surrounding communities.
Military custody and divorce cases present different challenges and complexities than a civilian divorce. A Military divorce case is governed by both state and federal law. The mobile or transient nature of most military families raise questions about jurisdiction for a divorce or custody case. The deployment of one or more of the parties can also present challenges for child custody and visitation. Finally, you need an experienced military attorney to properly evaluate the division of the military pension. An experienced military custody and divorce attorney can ensure your case is filed in the right court and can protect your rights to property and support. We are located just outside of the back gate to Fort Lee. We have handled numerous military divorce and custody cases. Please review the links and information below to learn more about military custody and divorce cases.
Jurisdiction in Military Family Law Cases
For military families who move frequently, determining the appropriate place to file for custody and/or divorce is a complex matter. A state may have jurisdiction to grant your divorce but may lack jurisdiction to determine child custody or child support. Filing for divorce in the wrong state can place the divorce’s validity in question. With an office just outside of Fort Lee, we are experts at resolving military custody and divorce jurisdiction issues.
Deployment is a fact of life for military families. However, when the parents are separated or separating, deployment of one party adds a significant disruption to an already difficult situation. The military requires a deploying parent to have a Family Care Plan. The Family Care Plan is designed to ensure that dependent children are cared for while the servicemember is away on military duties. The danger for the deploying parent is designating someone other than the a parent as the child(ren)’s caregiver. For example, if the deploying parent has custody of the child, they may want their new spouse (the stepparent) or another family member to care for the child. If the deploying parent has visitation, they may want their spouse (the stepparent) or the grandparents to exercise their visitation time with the child(ren)…Read More
Links to Other Resources
Military One Source Handout on the New Blended Retirement System
DFAS – How to Start Child Support and Alimony Payments
DFAS – Legal Overview of Uniform Services Former Spouse Protection Act
VA Code Section 20-124.3 – Best Interests of the child; visitation
VA Code Section 20-107.3 – Virginia Equitable Distribution Statute
VA Code Section 20-108.1 & 108.2 – Virginia Child Support Statutes
Virginia State Bar – Spare the Child Video
ABA Family Law Military Committee