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Hofheimer/Ferrebee P.C. - (757) 425-5200

Hofheimer/Ferrebee P.C.

Need Help? Call (757) 425-5200

OFFICE LOCATIONS

  • Virginia Beach
  • 1060 Laskin Road Suite 12B
    Virginia Beach, VA 23451
  • Phone: (757) 425-5200
  • Fax: (757) 425-6100
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  • Newport News
  • 11815 Fountain Way
    Newport News, VA 23606
  • Phone: 757-425-5200
  • Fax: 757-425-6100
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  • Chesapeake
  • 638 Independence Parkway, Suite 240
    Chesapeake, VA 23320
  • Phone: (757) 425-5200
  • Fax: (757) 425-6100
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Getting Divorced while Enlisted in the Military (Part B)

Charles Hofheimer, Attorney
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A tough, no nonsense divorce and custody lawyer for women only who reside in Virginia Beach and Newport News.
Legal Protection from Divorce Proceedings in a Military Divorce

Being a part of the military does provide you with some legal protection from divorce proceedings that are not given to civilians. The Service Members Civil Relief Act (SCRA) states that men and women in the military are protected from lawsuits such as divorce, to enable them "to devote their entire energy to the defense needs of the Nation."

This act allows a court to delay divorce proceedings during the time that a service member is on active duty, along with an additional 60 days following active duty
.

Virginia Military Parents Equal Protection Act

The Virginia Military Parents Equal Protection Act was signed into law in 2008, and provides certain rights to deployed military parents who share custody of their children
after a Virginia divorce. It is critical that your Virginia child custody attorney is well-versed with this statute in order to protect your rights as a parent who is involved in a military divorce in Virginia.

Residency and Filing Requirements for a Divorce in the Military

Residency requirements are often reduced or eliminated when it comes to military divorces. Many states will allow you to file for a divorce in the state you are stationed in, even if you are not a resident of that state. There are usually 3 choices you have in filing for a divorce while enlisted. You can file for a divorce:
  • In the state where your spouse resides
  • In the state where you, as a military member, are stationed
  • In the state where you, as a military member, claim legal residency (where you plan to live after discharge or retirement)

Remember that every state is different. With that and all of the other considerations that need to be made, if you are a military member contemplating a Virginia divorce, you will benefit from obtaining a Virginia women's divorce lawyer.

It is especially important to get the services of a Virginia divorce attorney who fully understands how Virginia's divorce laws
affect your child custody arrangements and other considerations in a military divorce in Virginia.

Getting a divorce is a painful process. When you are trying to get a divorce in the military, you must deal with the additional factors, limitations, and considerations that come into play. As such, it's vital that you have the help of an experienced attorney.

If you are a woman considering divorce in Virginia, you deserve to have a Virginia divorce attorney who understands the issues that are unique to you. The Virginia divorce attorneys at Hofheimer/Ferrebee represent women only. We focus solely on securing your financial security and protecting the welfare and happiness of your children. Contact us today to set up a legal consultation - (757) 425-5200.



To order your free book-www.freedivorcebook.com
information on seminars-www.monthlydivorceseminars.com
info on collaborative divorce-www.virginiacollaborativelaw.com
information-estate planning for young families-www.generationslawfirm.com
information-family law and estate planning for the LGBT community-www.FamilyEqualityLawCenter.com





 
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