Norfolk Military Divorce Attorney - Leading family law attorneys provide guidance and protect your rights in difficult times. Serving Virginia and North Carolina.
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Norfolk Military Divorce Attorney
This guide will teach you how to identify and avoid the ten most common mistakes people make in divorce.
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Whether your case is contested or uncontested, military divorces present unique challenges. From litigation to enforcement to child custody decisions, these cases have more moving parts than most. As a result, it is important that any military family facing divorce have the knowledge and expertise of an experienced family law attorney.
For any divorce case in Virginia, one party must be a resident for at least 6 months prior to the filing of the case. However, this requirement only gives the woman the right to divorce, and jurisdiction over child custody and property division may rest with another state.
For members of the military, the settlement may be where they currently live, where their spouse currently lives, where they are stationed, or where they last lived in the United States if they served overseas. If the other spouse is not related to Virginia, the court may not have jurisdiction to decide any property or support issues between the parties.
For members of the military, the settlement may be where they currently live, where their spouse currently lives, where they are stationed, or where they last lived in the United States if they served overseas. An experienced family law attorney can advise you on which jurisdiction is appropriate for your case.
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The Former Spouse Protection Act (USFSPA) and the Civil Restraint Act (SCRA) are the two federal laws that most affect military divorce. The USFSPA allows former military spouses to receive a portion of their retirement income, as well as alimony, back pay, and health care after a divorce.
The SCRA provides protection to service members against automatic judgments, forfeitures and foreclosures in addition to divorce and custody decisions while on active duty.
As discussed here, Virginia also offers additional protections to service members in the Virginia Military Parent Protection Act, which addresses working parents' concerns regarding parenting and visitation decisions.
Jurisdiction over child custody can also be a problem: just because Virginia has jurisdiction over divorce does not mean it has jurisdiction over custody. The custody process stops at the place where the child lives most of the time ("his home state"), which can be another state or even another country.
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Both child support and spousal support cannot exceed 60% of a military person's salary and allowances. While the child support guidelines used in Virginia generally will not exceed this limit, it is possible that a spousal support award may.
It is important that military personnel understand their rights so that they are not burdened with obligations that they cannot meet as a result of a divorce.
Once you are married, your husband is entitled to a portion of the retirement payments and benefits you provide at any time after the marriage. This includes pension, TSP, FERS, and any other retirement plan you may be participating in, such as a Roth IRA. Your spouse's share of the pension is calculated in percentages according to the length of the marriage and length of service.
If you are negotiating a contract, you can adjust the amount that your spouse can receive from these accounts. In order for your spouse to receive their share of the allowance, the court will need an additional order, known as a certified domestic relations order. If these orders are not properly delivered, distribution will not be possible.
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