Understanding these differences can help you plan ahead and protect your rights during the separation process.
Residency and Jurisdiction Rules
Virginia courts must have jurisdiction to grant a divorce. In a military divorce, either the service member or the spouse must meet Virginia’s residency requirements, or the member must be stationed in Virginia. This means that even if a couple has moved frequently, Virginia may still allow the case to be filed if one party has ties to the state.
Deployment and Timelines
Service members on active duty enjoy certain legal protections under the Servicemembers Civil Relief Act (SCRA). This law can pause or delay divorce proceedings while the service member is deployed or unable to appear in court. These protections prevent default judgments and give time to respond to filings.
Division of Military Benefits
One of the biggest differences in a military divorce in Virginia is how retirement and other benefits are divided. Federal law governs how military pensions are split, but the state court will issue the order. Health insurance, commissary access, and survivor benefits may also be affected, especially for long-term marriages overlapping with military service.
Child Custody and Support
Custody and visitation plans must be flexible when one parent is deployed. Virginia courts encourage parenting plans that take military service into account, such as allowing makeup visitation when the service member returns. Child support is calculated under Virginia guidelines, but service pay and allowances are considered in the calculation.
Uncontested vs. Contested Military Divorce
Like civilian divorces, military divorces in Virginia can be uncontested (where both spouses agree on terms) or contested (where the court decides disputed issues). An uncontested military divorce can often be completed more quickly and with lower costs if both sides cooperate.
Why Legal Guidance Matters
Because military divorces involve both state and federal law, having an attorney experienced in military family law can make the process smoother. They can help you correctly draft orders dividing retirement pay and ensure compliance with federal regulations.
Key Takeaway
A military divorce in Virginia requires understanding special residency rules, deployment protections, and benefit divisions. By learning about these unique issues early and getting qualified legal help, service members and spouses can protect their rights and make the process less stressful.
