Armed Forces Divorce Lawyer Henrico County — Protecting Your Military Benefits
If you are a military member facing divorce in Henrico County, you need an Armed Forces Divorce Lawyer Henrico County who understands the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA). Law Offices Of SRIS, P.C. provides full representation for service members in divorce, child custody, and military pension division cases.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Military Divorce Laws in Virginia
Military divorces in Virginia follow state law but are heavily influenced by federal statutes. The primary Virginia statute for property division is Va. Code § 20-107.3, which Mr. Sris personally amended. For military pensions, the USFSPA (10 U.S.C. § 1408) allows state courts to treat disposable retired pay as marital property subject to division. The SCRA (50 U.S.C. § 3931) provides protections like staying proceedings during active duty. Jurisdiction for a Virginia divorce requires the service member to be a legal resident or stationed in the state.
- Determine if Virginia has jurisdiction over your divorce under the SCRA and state residency rules.
- File a Complaint for Divorce in Henrico County Circuit Court, noting military status.
- Serve the complaint, using SCRA protections if the service member is deployed.
- Address child support using Virginia guidelines, factoring in military Basic Allowance for Housing (BAH).
- Negotiate or litigate the division of military pensions and other benefits.
- Obtain a final decree that includes a Qualified Domestic Relations Order (QDRO) for pension division if needed.
External Legal Resources
Review the official Virginia divorce statutes (Va. Code § 20-91) and the Henrico County Circuit Court website for forms and local rules.
Why Military Divorce Requires Specialized Counsel
Founded in 1997, Law Offices Of SRIS, P.C. has over 120 years of combined attorney experience. Our founder, Mr. Sris, is a former prosecutor who personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3). We understand the details of military life, including PCS moves, deployments, and the division of unique assets like Thrift Savings Plans (TSP) and VA disability benefits, which are generally not divisible. A service member dissolution lawyer Henrico County from our team can protect your career and benefits.
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 21 total documented case results across all practice areas in Henrico County with a 100% favorable outcome rate. Mr. Sris, our managing attorney and a former prosecutor, provides strategic oversight on complex military divorce matters involving pension valuation and interstate custody issues.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Richmond Location
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. By appointment only.
Our Richmond location serves clients at the Henrico County courts (4301 East Parham Road). We represent military families in Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
How is military retirement divided in a Virginia divorce?
Yes, it can be divided. Under the USFSPA, Virginia courts can treat disposable military retired pay as marital property. The portion earned during the marriage is subject to equitable distribution under Va. Code § 20-107.3.
Can I file for divorce in Virginia if my spouse is deployed?
It depends. The SCRA may allow the deployed service member to request a stay of proceedings. However, you can file in Virginia if you meet residency requirements. A military member divorce lawyer Henrico County can advise on proper service and scheduling.
Is VA disability pay divisible in a divorce?
No. Federal law (38 U.S.C. § 5301) protects VA disability compensation from being treated as marital property or income for spousal support. However, it may be considered when determining the overall financial picture.
What is the 10/10 rule for military pensions?
The 10/10 rule refers to Direct Payment by the Defense Finance and Accounting Service (DFAS). If the marriage overlapped 10 years of military service, DFAS can pay the ex-spouse their share directly. For marriages under 10 years, payment must come from the service member.
How does deployment affect child custody in Henrico County?
Custody is based on the child’s best interests under Va. Code § 20-124.3. The court will consider a deployment plan outlining care during absence. Deployment alone cannot be the sole reason to modify custody permanently.
For more information, see our Virginia Family Law hub page, or read about family law in Chesterfield County. If you are facing other charges, consider our Henrico County criminal defense lawyers.
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.