Norfolk Military Divorce Lawyer New Kent County — Protecting Your Rights
A Norfolk Military Divorce Lawyer New Kent County handles the unique legal challenges of military divorces under Virginia law and the Servicemembers Civil Relief Act (SCRA). For service members and spouses in New Kent County, these cases involve jurisdiction, pension division (USFSPA), and residency rules. Law Offices Of SRIS, P.C. has documented results in military family law matters. Call (888) 437-7747 for a consultation.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Military divorces in Virginia are governed by state law, primarily Va. Code § 20-91 (divorce grounds) and § 20-107.3 (equitable distribution), alongside federal statutes like the Uniformed Services Former Spouses’ Protection Act (USFSPA). A Norfolk Military Divorce Lawyer New Kent County must handle both systems. The firm was founded in 1997 by former prosecutor Mr. Sris, who personally amended Virginia’s equitable distribution statute, providing deep insight into complex asset division.
Official Legal Resources
For the official text of Virginia divorce laws, visit the Virginia Code Title 20, Chapter 6 (official Virginia General Assembly). Court information and forms for New Kent County can be found at the New Kent County Circuit Court website.
Military Divorce Process in New Kent County
New Kent County Circuit Court handles all divorce filings, including those involving military personnel. A key procedural fact is that Virginia courts can have jurisdiction over a service member’s divorce even if they are stationed elsewhere, provided Virginia is the service member’s legal residence or the spouse resides in Virginia. The USFSPA allows state courts to treat military retired pay as marital property. A service member divorce lawyer New Kent County can address SCRA protections that may delay proceedings during active duty.
- Determine Jurisdiction and Residency: Establish that Virginia and New Kent County have proper jurisdiction over the divorce, considering the service member’s Home of Record and the spouse’s residence.
- File the Complaint: File a Complaint for Divorce with the New Kent County Circuit Court clerk, specifying grounds and addressing military status.
- Serve the Service Member: Ensure proper service of process, adhering to SCRA rules if the service member is deployed or on active duty.
- Address Financial Issues: Negotiate or litigate division of military pensions (via USFSPA), Thrift Savings Plans, and other benefits, as well as child support and spousal support.
- Finalize the Decree: Obtain a final divorce decree that includes a Qualified Domestic Relations Order (QDRO) for pension division and addresses custody if children are involved.
Key Considerations in Military Divorce
In New Kent County, a military divorce involves equitable distribution of all marital assets, including military benefits, and follows Virginia’s child support guidelines.
| Issue | Legal Standard / Consideration | Potential Impact |
|---|---|---|
| Jurisdiction & Residency | Va. Code § 20-97; SCRA protections | Determines which court can hear the case; active duty may delay proceedings. |
| Military Pension Division | Uniformed Services Former Spouses’ Protection Act (USFSPA) | Up to 50% of disposable retired pay can be awarded to the former spouse. |
| Child Support | Va. Code § 20-108.2 guidelines | Based on combined gross income, including military pay and allowances. |
| Medical Benefits (Tricare) | 20/20/20 Rule / 20/20/15 Rule | Determines a former spouse’s eligibility for continued Tricare coverage. |
| Servicemembers Civil Relief Act (SCRA) | 50 U.S.C. §§ 3901-4043 | Provides protections like stay of proceedings for active-duty members. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Military Divorce
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to complex family law matters. Our firm’s founder, Mr. Sris, is a former prosecutor who personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving us a foundational understanding of property division law. We have a documented record of favorable outcomes in family law cases. A military spouse divorce lawyer New Kent County from our team understands the emotional and logistical pressures on families during this process and works to secure stable outcomes regarding benefits, support, and parenting plans.
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 & Client Focus
Our firm has a documented record of favorable outcomes in family law matters. In military divorce cases, our focus is on protecting your entitlement to benefits, ensuring accurate valuation of pensions, and advocating for fair support orders. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases. We understand that military families face unique challenges, and we are committed to providing clear guidance through the legal process.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our New Kent County Military Divorce Lawyers
Our Richmond location serves clients in New Kent County and the surrounding areas, including New Kent, Providence Forge, and Quinton. We are accessible via I-64 and Route 33.
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
By appointment only. 24/7 phone consultations.
Looking for a Norfolk Military Divorce Lawyer New Kent County near you? Contact us today.
Military Divorce in New Kent County: Frequently Asked Questions
How does military service affect divorce jurisdiction in Virginia?
It depends. Virginia courts can have jurisdiction if the service member claims Virginia as their legal residence (domicile) or if the non-military spouse has lived in Virginia for at least six months before filing. The Servicemembers Civil Relief Act (SCRA) may also affect timing.
Can my spouse get part of my military retirement in a Virginia divorce?
Yes. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Virginia courts can treat military retired pay as marital property subject to equitable distribution under Va. Code § 20-107.3. The court can award up to 50% of the disposable retired pay.
What is the 10/10 rule for military divorce?
It is a rule for direct payment from DFAS. If the marriage overlapped military service for at least 10 years, the former spouse may receive their share of the pension directly from the Defense Finance and Accounting Service (DFAS). A marriage duration of less than 10 years typically requires the service member to make direct payments.
How is child support calculated when one parent is in the military?
Child support in Virginia is calculated using the state’s guidelines based on the combined gross monthly income of both parents. Military basic pay, Basic Allowance for Housing (BAH), and Basic Allowance for Subsistence (BAS) are typically included as income for this calculation.
Can a deployed service member’s divorce proceed?
No, not necessarily. The SCRA allows active-duty service members to request a stay (delay) of civil proceedings, including divorce, if their military duty materially affects their ability to appear in court. The court must grant a stay for at least 90 days upon application.
Internal Resources: For more information, see our Virginia Family Law hub page. We also assist with criminal defense in New Kent County and DUI defense in New Kent County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.