Virginia Military Divorce Attorney | Military Divorce Lawyers in the DC Metro Area
The attorneys at Charles B. Roberts & Associates, P.C. realize that when one or both spouses is in the military, many issues arise that are not typical of a civilian divorce. In order to file for a military divorce in Virginia, you or your spouse must 1) reside in Virginia or 2) be stationed in Virginia. The grounds for a military divorce in Virginia are the same as a civilian divorce. The summons and copy of the divorce action must be personally served on the active duty spouse to establish a Virginia court's jurisdiction over the service member.
In an uncontested divorce case, however, the active duty spouse may file a waiver affidavit acknowledging the divorce action without the necessity for personal service. The federal Soldiers and Sailors Civil Relief Act protects active-duty military personnel by allowing a divorce proceeding to be postponed while the service member is on active duty and for up to 60 days thereafter.
Another federal law, the Uniformed Services Former Spouses’ Protection Act (USFSPA) governs the calculation and division of military retirement benefits upon divorce. Upon determination of the portion of benefits to be received by the non-military spouse, a direct payment will be paid to the former spouse from the military retiree's pay. The marriage must have lasted at least 10 years while the service member was on active duty in the military in order for the spouse to receive a portion of the military retirement benefits.
The combination of child support and spousal support payments a service member is ordered to pay may not exceed 60% his or her pay and allowances. The normal Virginia child support guidelines, worksheets and schedules are used to determine the amount of child support the service member will pay paid. Thus, in determining the amount of child support, the court will examine a variety of factors, including the costs of health insurance for the child, the costs of the child's education and after-school activities, and other considerations specific to your child's lifestyle.
Military divorces are complex, and the emotional tensions involved can make it extremely difficult, if not impossible, for the spouses to deal objectively with the many issues that must be resolved. That is why many people choose to hire an attorney well-versed in military divorce laws to handle their case.
One of Charles B. Roberts & Associates, P.C.'s Virginia military divorce attorney will work aggressively to protect your interests – and the interests of your children – during this difficult time. Our attorneys have been successful in handling all facets of military divorce actions, and have received national publicity and numerous awards for their efforts.
In recognition of their hard work and success, Charles B. Roberts & Associates, P.C. was selected as one of the "Top Trial Lawyers in America" by the Million Dollar Advocates Forum , and was featured in the "Top Law Firm" edition of Northern Virginia Magazine. Our attorneys have received numerous other awards, including several American Jurisprudence Awards for Excellence, and membership in the "Registry of Outstanding Legal Professionals".
Mr. Roberts received nationwide publicity while successfully representing alleged White House Party Crasher Tareq Salahi in his divorce case against The Real Housewives of DC television star Michaele Salahi.
Call 703-491-7070 or 1-888-407-4529 (toll free) to discuss your case with an experienced Virginia military divorce attorney.
We handle military divorce cases from Arlington, Fredericksburg, Woodbridge, and throughout Northern Virginia, as well as Bethesda, Maryland, and the entire D.C. Metro Area.