Beach Military Divorce Lawyer Henrico County — Protecting Your Military Benefits
A military divorce in Henrico County involves complex federal and state laws, including the division of military pensions under the Uniformed Services Former Spouses’ Protection Act (USFSPA) and Virginia’s equitable distribution statute, Va. Code § 20-107.3. As a Beach Military Divorce Lawyer Henrico County, Law Offices Of SRIS, P.C.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Military divorces are governed by both Virginia law and federal statutes. The primary Virginia statute is Va. Code § 20-91 (divorce grounds), while property division follows Va. Code § 20-107.3. For military pensions, the USFSPA (10 U.S.C. § 1408) allows state courts to treat disposable retired pay as marital property. Mr. Sris personally amended Va. Code § 20-107.3, giving our firm deep insight into equitable distribution. The Henrico County Circuit Court handles all divorce filings.
Military divorces present unique challenges like the 20/20/20 rule for benefits, jurisdictional issues under the SCRA, and the division of Thrift Savings Plan (TSP) accounts. A service member divorce lawyer Henrico County must handle both the Henrico court and military regulations.
- Determine jurisdiction and file the Complaint for Divorce in Henrico County Circuit Court, ensuring SCRA protections are addressed if the service member is deployed.
- Obtain a complete copy of the service member’s Leave and Earnings Statement (LES) and points statement for reserve components.
- Secure a military pension valuation from a certified actuary or use the Defense Finance and Accounting Service (DFAS) guidelines.
- Draft a Separation Agreement that addresses the division of military pensions, Survivor Benefit Plan (SBP) elections, and VA disability pay (which is not divisible).
- Present the finalized agreement to the court for incorporation into the Final Decree of Divorce, ensuring the DFAS court order is properly formatted.
In Henrico County, a military divorce can divide the marital portion of a military pension, but VA disability compensation is protected from division under federal law.
| Issue | Legal Standard | Considerations |
|---|---|---|
| Military Pension Division | USFSPA; Va. Code § 20-107.3 | Only disposable retired pay is divisible; use “time rule” (marital years of service ÷ total years of service). |
| VA Disability Pay | 38 U.S.C. § 5301 | Not divisible as property; but may affect spousal support calculations. |
| Jurisdiction & SCRA | 50 U.S.C. § 3931 | May delay proceedings if service member is deployed; filing in Henrico requires residency or domicile. |
| Healthcare (Tricare) | 20/20/20 Rule | Former spouse retains Tricare eligibility if marriage overlapped 20 years of service. |
| Child Support | Va. Code § 20-108.2 | Military Basic Allowance for Housing (BAH) is included in income calculation. |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to complex family law matters. Our tagline, “Advocacy Without Borders,” reflects our commitment to serving military families. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving us unparalleled authority in property division cases, including military assets. We have 4,739+ firm-wide case results with a 93%+ favorable outcome rate.
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
In Henrico County, we have 21 documented case results across all practice areas with a 100% favorable outcome rate. For example, our team successfully negotiated a separation agreement for an Army sergeant stationed at Fort Gregg-Adams, protecting his pension and securing a fair parenting plan. Another case involved a Navy reservist where we navigated SCRA protections to resolve a contested divorce efficiently. Mr. Sris, as the firm’s managing attorney with a background in accounting, provides strategic oversight on all financial aspects of military divorces.
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. By appointment only.
Our Richmond location serves clients at the Henrico County courts (4301 East Parham Road). We are accessible via I-64, I-95, and I-295. As a Beach Military Divorce Lawyer Henrico County near Short Pump Town Center and Innsbrook, we serve Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
FAQs: Beach Military Divorce in Henrico County
Is a military pension divided in a Virginia divorce?
Yes. Under the USFSPA and Va. Code § 20-107.3, the marital portion of a military pension is divisible as property in a Henrico County divorce. The non-service member spouse may receive a direct payment from DFAS with a proper court order.
How does deployment affect a divorce filing in Henrico County?
It depends. The Servicemembers Civil Relief Act (SCRA) may allow an active-duty service member to request a stay (delay) of the court proceedings. A military spouse divorce lawyer Henrico County can advise on filing procedures and SCRA protections to ensure rights are preserved during deployment.
What is the 20/20/20 rule for military benefits?
The 20/20/20 rule grants a former spouse full Tricare medical benefits and commissary/exchange privileges 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.
Can VA disability pay be divided in a divorce?
No. Federal law (38 U.S.C. § 5301) protects VA disability compensation from division as marital property. However, it can be considered as income when calculating spousal or child support in Henrico County.
Where is a military divorce filed if I’m stationed in Virginia?
You can file in Henrico County Circuit Court if you or your spouse are domiciled in Virginia, even if stationed elsewhere. Jurisdiction for service members can be complex; consulting a service member divorce lawyer Henrico County is crucial to determine the correct venue.
For more information, see our Virginia Family Law hub page. We also assist clients in Chesterfield County and Hanover County. If you need other services, we offer criminal defense and DUI defense in Henrico County. Learn more about our attorneys and our Richmond office location.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.