Getting Divorced while Enlisted in the Military (Part A)

If you are in the military and are contemplating divorce, you may be wondering how to go about doing so while enlisted or deployed. The decision to go through a divorce is difficult enough without the added responsibilities associated with military service. It is important that you understand a military divorce still requires abiding by Virginia divorce laws.

Complications of a Virginia Divorce in the Military 

There can be some complications involved when it comes to getting a divorce in the military. Although the procedure for obtaining a divorce is the same as for a civilian couple, there may be other factors that will play a part.

Sometimes these additional factors can prolong the process of a Virginia divorce because of the nature of your military service. For instance, serving active duty in a remote area or being permanently stationed overseas can affect your divorce proceedings and outcome.

There are a number of federal laws that divide retirement pay in divorces. Virginia courts consider military retirement pay as marital property and it will be divided according to the length of your marriage.

You will want an experienced Virginia divorce attorney to assist you with understanding Virginia divorce laws and how they will affect your particular situation. Other factors that need to be taken into consideration could include: 

• Residency requirements in filing for a Virginia divorce
• Division of military pension
• Complying with military regulations and rules
• The effect of deployment on child custody 

Governing Laws in a Military Divorce

Divorces in the military are governed by federal and state laws. Federal law deals with military pension and certain emergency child support orders. State law deals with the handling of any other matters concerning a military divorce.

Since there are additional factors involved when it comes to a divorce in the military, it is important to have a Virginia divorce attorney who can guide you through the specifics of this type of divorce. A women's divorce lawyer can help to meet your unique needs as a member of the military.

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