Virginia Military Divorce Lawyers
Divorce by itself can be strenuous, but if you or your spouse is a service member, your divorce is unfortunately likely to be more complicated. We at Holcomb Law dedicate our practice to make sure you don’t have to be burdened with unnecessary stress during this difficult time in your life… we will fight for you to ensure your interests are protected and you get the most favorable outcome possible. We understand your issues well.
- Several of our attorneys have military backgrounds and our managing Partner Wayne Holcomb is a Retired Military Officer and Pilot. We truly understand!
- In most cases, speak with an attorney within one business day.
- Rated Top 10 in Virginia for Client Satisfaction by AIFLA
- We return all calls within the same business day.
- We update our clients regularly on their cases.
- Selected as Premier 100 in Virginia by the American Academy of Trial Lawyers
- Rated 10.0 out of 10.0 – “Superb” by independent lawyer review Site AVVO
- Received “Client’s Choice Award” 2016 and 2017 from AVVO.
- Better Business Bureau A+ Rating
- Super Lawyers Recognition, 2016 to present.
We Want To Change The Way You Think About Divorce And Child Custody Lawyers
We understand that facing the reality of divorce is not a pleasant situation, and we wish we could say that it will get better overnight, but it might not. The one thing we can assure you is that with Holcomb Law, you’ll most likely be happy with your Counsel and how your case is handled. Our team of trial lawyers, mediators, and paralegals are committed to that.
Divorce is often thought of as a messy, time-consuming, and expensive process. Unfortunately, a large part of this is because many divorce attorneys stick to the tired old approach of “grinding it out”. The most common complaints we hear about divorce lawyers: no communication, too slow, and too much.
We understand this and have done something about it. Here, you will have access to our staff, regular communication, and regular discussion about cost/benefit analysis in our strategies.
At Holcomb Law, we have a different philosophy. Our goal is to have your divorce be smooth-running, as stress-free as possible, and as cost-effective as it can be. Whether that means going through mediation or going to court, we’ll figure that out with you and have your back all the way.
Even your consultation with us will be guaranteed no-hassle – that is, no sales pitch involved – just A LOT of good information to help get you headed in the right direction and ready for what might be ahead. Call us today at (757) 656-1000 or email email@example.com. We are ready to discuss your situation.
Unique Considerations With a Military Divorce in Virginia
In general, a military divorce is the same as a civilian divorce: it honors the same grounds for filing and follows the same proceedings. However, there are unique issues that you should prepare for if you or your spouse is a servicemember.
Divorce While Deployed
If one spouse is on active duty when the divorce is served, the Servicemembers Civil Relief Act (SCRA) gives him or her the right to have the case put on hold. This prevents the unfair treatment of deployed spouses who cannot file a formal response in time or cannot attend court proceedings because of their deployment. Generally, the proceedings can be “stayed” (delayed) until 60 days after that spouse has returned from active duty.
Filing in Virginia
The law allows the filing of divorce in the state where either spouse has legal residence. The Commonwealth of Virginia also includes the requirement that either spouse must be stationed in Virginia.
Note that according to federal law, the state where the military member resides also has the power to divide military retirement benefits. You can read more about retirement benefits below.
Child Support and Spousal Support
In a Virginia military divorce, both child support and spousal support (alimony) have legal limits. To determine the proper amount of the award, we can help you calculate child support and/or spousal support guidelines applicable here in Virginia.
During the time when the Commonwealth has not yet established a required support amount, each branch of the military has rules for interim family support. Every base has a legal assistance office to help enforce these rules for either spouse (regardless of whether that spouse is a military member or not).
Military Retirement Benefits
This is perhaps the most complicated aspect of a military divorce.
For one, there is a prevailing misconception that a non-military spouse cannot get a share of the military pension if they have been married for less than 10 years. This is a myth. In truth, the divorce court can decide to award a non-military spouse a portion of the military pension, as it deems the division fair and equitable.
However, if the court has divided the pension but the couple has not been married for at least 10 years while the military spouse was on active duty, the Defense Finance and Accounting Service (DFAS) cannot directly send the non-military spouse his/her monthly payments. Instead, the military spouse will be responsible for making these payments to the ex-spouse directly.
Other areas of property division and benefits are governed by regular Virginia state laws as well as the Uniformed Services Former Spouses’ Protection Act (USFSPA). These laws all have nuances that should be discussed with a knowledgeable divorce attorney for your specific case.
Schedule a Consultation Today
If you are facing a military divorce, having an attorney with military knowledge in your corner is a must. Trust the award-winning team here at Holcomb Law. To start with, you can schedule a No-Hassle Legal Strategy Meeting with us, where your attorney will personally answer all your questions and help you understand your options. This is how you get informed and ready.
Call us today at (757) 656-1000 or email firstname.lastname@example.org.