Armed Forces Divorce Lawyer Henrico County — Protecting Your Military Benefits
An Armed Forces Divorce Lawyer Henrico County addresses the unique legal challenges of military service members. Virginia law, including the Uniformed Services Former Spouses’ Protection Act (USFSPA), governs the division of military pensions and benefits. Law Offices Of SRIS, P.C. has 21 documented case results in Henrico County. We provide full representation for service members and their families. Call (888) 437-7747 for a consultation.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Military Divorce Laws in Virginia
Military divorces in Henrico County are governed by both Virginia state law and federal statutes. The primary Virginia statute for property division is Va. Code § 20-107.3, which Mr. Sris personally helped amend. This equitable distribution law applies to all marital property, including military pensions. Federal law, specifically the USFSPA (10 U.S.C. § 1408), allows state courts to treat disposable military retired pay as marital property subject to division. A service member dissolution lawyer Henrico County must also handle the Servicemembers Civil Relief Act (SCRA), which can affect filing deadlines and court proceedings for deployed personnel.
Key Considerations in a Military Divorce
Several factors distinguish a military divorce from a civilian one. These include jurisdictional issues based on the service member’s legal residence, the division of military pensions and Thrift Savings Plan (TSP) accounts, and continued access to military benefits like healthcare (TRICARE) and commissary privileges for the former spouse. Child support and custody arrangements must account for potential deployments and permanent change of station (PCS) orders. A military member divorce lawyer Henrico County with experience in these matters is essential to protect your rights and financial future.
- Establish jurisdiction in Virginia by meeting residency requirements (service member or spouse must be domiciled or stationed in VA).
- File the Complaint for Divorce with the Henrico County Circuit Court, specifying military status and any fault grounds.
- Serve the complaint, ensuring compliance with the SCRA if the service member is deployed.
- Negotiate or litigate division of military pensions, benefits, and other assets under Va. Code § 20-107.3 and the USFSPA.
- Address child custody, support, and visitation, creating a plan that accommodates military duties.
- Finalize the divorce decree, ensuring all military finance centers receive proper court orders for pension division.
Division of Military Pensions and Benefits
In Henrico County, a military pension is divisible as marital property for the portion earned during the marriage.
| Asset | Classification | Division Standard | Key Consideration |
|---|---|---|---|
| Military Pension | Marital Property | Equitable Distribution (Va. Code § 20-107.3) | USFSPA allows direct payment from DFAS after 10 years of marriage overlapping 10 years of service. |
| Thrift Savings Plan (TSP) | Marital Property | Equitable Distribution | Requires a Court Order Acceptable for Processing (COAP). |
| VA Disability Pay | Separate Property | Generally not divisible | Cannot be garnished for alimony or child support, but may affect pension calculation. |
| Commissary/Exchange Privileges | Benefit | 20/20/20 Rule | Former spouse retains if marriage lasted 20+ years, service member served 20+ years, and 20 years of marriage overlapped service. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Military Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Mr. Sris personally played a role in amending Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving our team deep insight into the property division laws that directly impact military divorces. We understand the stress a service member faces during dissolution and provide clear, strategic guidance.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results in Henrico County
Our firm has a documented record of favorable outcomes in Henrico County courts across various practice areas. For instance, we have successfully secured reductions in serious charges like DWI and possession, as well as dismissals for offenses such as reckless driving. While every family law case is unique, this litigation experience in the local courts is a foundation we build upon for our clients.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Phones 24/7/365. Office by appointment only.
Serving: Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, Mechanicsville (partial).
Frequently Asked Questions
How is a military pension divided in a Virginia divorce?
Yes, it is divisible. The portion of the pension earned during the marriage is considered marital property and subject to equitable distribution under Va. Code § 20-107.3. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows direct payment from the Defense Finance and Accounting Service if the marriage overlapped 10 years of military service.
Can I file for divorce in Henrico County if my spouse is deployed?
Yes. The Servicemembers Civil Relief Act (SCRA) provides protections but does not prevent filing. A service member dissolution lawyer Henrico County can ensure proper service and may request a stay of proceedings if the deployment materially affects the service member’s ability to participate. The case can proceed if the court finds the member’s rights are not prejudiced.
What is the 20/20/20 rule for military benefits?
It is a rule granting full military benefits (e.g., TRICARE, commissary) to a former spouse if the marriage lasted at least 20 years, the service member served at least 20 years, and the marriage overlapped the service by at least 20 years. If these criteria are met, the former spouse retains these benefits indefinitely.
How does child custody work when a parent is in the military?
Custody is based on the child’s best interests under Va. Code § 20-124.3. The court will consider potential deployments and moves. A detailed parenting plan should address communication during deployment, temporary care arrangements, and a process for modifying visitation upon return. The military parent’s service is one factor among many the court evaluates.
Where should a military divorce be filed?
It depends on jurisdiction. You can file in Virginia if either you or your spouse is domiciled in Virginia or is stationed there. For a service member, legal residence (domicile) and current duty station are key factors. A military member divorce lawyer Henrico County can assess the best jurisdiction for your case based on these rules.
For more information on court procedures, visit the Virginia Courts website.
Related Pages: Virginia Family Law Lawyer | Family Law Lawyer Chesterfield County | Criminal Defense Lawyer Henrico County