Military Divorce Lawyer Colonial Heights — Protecting Your Service Benefits
A military divorce in Colonial Heights involves unique federal and state laws governing pensions, benefits, and custody during deployment. Colonial Heights Circuit Court handles these cases under Virginia’s equitable distribution statute (Va. Code § 20-107.3) and the Uniformed Services Former Spouses’ Protection Act. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Colonial Heights Circuit Court | Virginia General Assembly
Military divorces in Colonial Heights are governed by both Virginia law and federal statutes like the Uniformed Services Former Spouses’ Protection Act (USFSPA). This dual jurisdiction affects the division of military pensions, Survivor Benefit Plans (SBP), and VA disability benefits. The Colonial Heights Circuit Court, located at 550 Boulevard, applies Virginia’s equitable distribution principles to marital property, which includes the marital portion of a military pension accrued during the marriage.
A key distinction is that VA disability pay is not divisible as marital property, though it can be considered as a source of income for spousal or child support calculations. also, the Servicemembers Civil Relief Act (SCRA) may provide active-duty members with protections against default judgments if they cannot participate in court proceedings due to military service.
- Gather military documentation: Leave and Earnings Statements (LES), retirement estimates, and copies of marriage certificates during service periods.
- File the divorce complaint in Colonial Heights Circuit Court. If the service member is deployed, their SCRA protections must be addressed.
- handle discovery specific to military benefits, including obtaining a DFAS benefits statement and valuing the marital portion of the pension.
- Negotiate or litigate issues of pension division, SBP coverage, and child custody schedules accounting for potential deployments.
- Draft a final decree that includes precise language satisfying DFAS requirements for direct payment of pension shares.
- Submit the certified court order to DFAS for processing to initiate the division of payments.
In Colonial Heights, a military divorce addresses the division of military pensions, continuation of TRICARE benefits, and child custody arrangements that account for the service member’s duties.
| Issue | Legal Standard | Considerations |
|---|---|---|
| Military Pension Division | USFSPA; Va. Code § 20-107.3 | Only the portion earned during marriage is marital property. DFAS requires a specific court order. |
| VA Disability Pay | Federal Preemption | Not divisible as property; considered for support calculations. |
| Survivor Benefit Plan (SBP) | USFSPA | Former spouse coverage can be awarded as part of the divorce decree. |
| Child Custody & Deployment | Va. Code § 20-124.2 | Parenting plans must include provisions for deployment, training, and change of station. |
| TRICARE Health Benefits | 20/20/20 Rule | Spouses may retain eligibility if marriage overlapped 20 years of service. |
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 legal experience to complex family law matters. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving the firm deep insight into property division law. This background is directly applicable to the intricate task of dividing military pensions and benefits in a Colonial Heights divorce.
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
Our firm has handled military divorce cases in Colonial Heights and surrounding jurisdictions. For example, we have successfully negotiated agreements that protect a service member’s pension while ensuring equitable support for the former spouse, and have drafted custody orders that accommodate unpredictable deployment schedules. Mr. Sris, the firm’s founder and a former prosecutor with a multi-state practice, provides strategic oversight on these complex matters.
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 Colonial Heights courts. We represent service members and spouses throughout the area, including those near Fort Gregg-Adams. For a military spouse divorce lawyer in Colonial Heights who understands the intersection of military regulations and Virginia law, contact us for a 24/7 phone consultation.
Military Divorce in Colonial Heights: Frequently Asked Questions
How is a military pension divided in a Virginia divorce?
Yes, but only the portion earned during the marriage. Virginia courts use the “marital share” formula under the USFSPA and Va. Code § 20-107.3. The Defense Finance and Accounting Service (DFAS) requires a specific court order, often called a DD Form 2293, to be included in the final decree to direct payment.
Can my ex-spouse receive part of my VA disability pay?
No. Federal law prohibits VA disability compensation from being divided as marital property. However, a court may consider it as a source of income when calculating spousal support or child support obligations in Colonial Heights.
What is the 20/20/20 rule for military health benefits?
It depends. The 20/20/20 rule allows a former spouse to retain TRICARE eligibility 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 conditions are not met, other temporary coverage options may be available.
How does deployment affect child custody in Virginia?
Virginia law requires parenting plans to account for a parent’s military duties. The court can establish a temporary custody arrangement during deployment and may include provisions for virtual visitation. The Servicemembers Civil Relief Act (SCRA) can also delay proceedings if service affects participation.
Where should I file for divorce if I am stationed in Colonial Heights?
You may file in Colonial Heights Circuit Court if Virginia is your or your spouse’s legal residence (domicile) or if you are stationed in Virginia. Military personnel do not lose their home state domicile simply by being stationed elsewhere, so filing options should be reviewed with a service member divorce lawyer in Colonial Heights.
For more information on Virginia divorce law, see the Virginia Code (law.lis.virginia.gov). For court-specific procedures, visit the Virginia Courts website (vacourts.gov).
See our Virginia Family Law Lawyer hub page. For help in nearby areas, consider a family law lawyer in Chesterfield County or a family law lawyer in Henrico County. For other legal needs in Colonial Heights, we also provide criminal defense and DUI defense.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your military divorce in Colonial Heights.