Divorce is never easy, and when one or both spouses are in the military, there are unique challenges to consider. In Virginia, military divorce comes with particular legal complexities due to both state and federal laws that govern service members. It’s important to understand what sets military divorces apart and what to expect if you’re going through this process in Virginia.

What is a Military Divorce?

Military divorce refers to the dissolution of marriage where one or both spouses are active duty members, reservists, or veterans of the armed forces. While the basic principles of divorce—such as property division and child custody—apply, additional layers of complexity arise from military-specific laws and benefits. For instance, federal laws like the Uniformed Services Former Spouses’ Protection Act (USFSPA) play a significant role in how military pensions and other benefits are divided.

Virginia Divorce Laws: Are they Different for the Military?

While Virginia’s basic divorce laws apply to everyone, certain provisions and considerations are specific to military personnel. For example, Virginia requires a 12-month separation period for a no-fault divorce, but this can be challenging for military families due to deployments. In such cases, couples may need to provide proof of intent to end the marital relationship even if they were physically separated due to service commitments. Additionally, residency requirements can be flexible for military families, as they may file for divorce in Virginia if they are stationed there or if Virginia is their legal home of record.

Navigating the Complexities of Military Benefits Post-Divorce

One of the most significant aspects of military divorce is the division of military benefits. These include pensions, healthcare, and commissary privileges. The USFSPA allows state courts to treat military retirement pay as marital property, subject to division upon divorce. Additionally, former spouses may qualify for continued healthcare benefits under the Continued Health Care Benefit Program (CHCBP), provided they meet specific criteria. Understanding these benefits and how they are affected by divorce is crucial for both parties.

Child Custody Arrangements: What Needs to be Considered?

Child custody in a military divorce can be particularly complex due to the unique demands of military service. Courts in Virginia will consider the best interests of the child, which includes stability, the child’s relationship with each parent, and the potential impact of a parent’s deployment. Joint custody arrangements are possible, but they must be flexible enough to accommodate changes in deployment statuses and relocations. The military parent may also need to create a Family Care Plan to outline the care of the child during deployments.

How are Military Pensions Handled in a Virginia Divorce?

Military pensions are often the most valuable asset in a military divorce. The USFSPA allows Virginia courts to treat these pensions as divisible marital property. The “10/10 rule” applies here, which means that if the couple was married for at least ten years, with ten of those years overlapping military service, the ex-spouse can receive direct payments from the Defense Finance and Accounting Service (DFAS). It’s essential to have a clear understanding of how these pensions will be divided and to ensure the correct procedures are followed to avoid future disputes. The “20/20/20” rule applies to spouses where a spouse performed 20 years of service and there was at least twenty years of overlap of the marriage and the military service- these spouses are entitled to even higher benefits, such as TriCare.

Can Deployments Affect Divorce Proceedings in Virginia?

Deployments can significantly impact divorce proceedings. Under the SCRA, active duty service members can request a delay in divorce proceedings if their military service prevents them from participating in the case. This provision ensures that military personnel are not disadvantaged in legal matters due to their service commitments. However, this can also prolong the divorce process, making it essential for both parties to plan accordingly and communicate effectively.

Is the Divorce Process More Complex for Military Couples?

While the core principles of divorce remain the same, the added layers of military-specific considerations make the process more complex for military couples. From the division of unique assets like military pensions to the impact of deployments on custody arrangements, there are numerous factors to consider. Both parties must be aware of these complexities and seek appropriate legal guidance to ensure a fair and equitable resolution.

The Emotional Challenges of a Military Divorce

Beyond the legal and logistical challenges, a military divorce can be emotionally taxing. The unique pressures of military life, such as long deployments, frequent relocations, and the stresses of service life, can strain a marriage. Both parties may experience feelings of isolation, anxiety, and loss. It’s important to seek emotional support, whether through counseling, support groups, or trusted friends and family. 

Seeking Legal Support: Why it’s Crucial for Military Divorces

Given the unique complexities of military divorce, seeking professional legal support is crucial. A lawyer experienced in military divorces can provide invaluable guidance, ensuring that all aspects of the divorce are handled correctly and fairly. From understanding the details of military benefits to navigating the impact of deployments, a specialized attorney can help both parties reach a resolution that respects their rights and obligations.

If you’re facing a military divorce in Virginia, don’t go through it alone. Contact Slovensky Law to get legal advice and support tailored to your unique situation. Our team is here to help you understand your rights and options, providing the guidance you need to move forward confidently.