Armed Forces Divorce Lawyer New Kent County — Protecting Your Military Benefits
If you are a military member facing divorce in New Kent County, Virginia, you need an Armed Forces Divorce Lawyer New Kent County who understands the unique federal and state laws that apply.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Military Divorce Laws in Virginia
Virginia family law governs all divorces, but military divorces are also subject to federal statutes. A key Virginia statute is Va. Code § 20-91, which outlines the grounds for divorce. For equitable distribution of marital property, including military pensions, Virginia follows Va. Code § 20-107.3. Mr. Sris personally amended this statute, providing our firm with deep insight into property division. The federal Uniformed Services Former Spouses’ Protection Act (USFSPA) controls how state courts can divide military retired pay.
Local Insight for New Kent County Military Families
New Kent County Circuit Court at 12001 Courthouse Circle handles all divorce filings. For a service member dissolution lawyer New Kent County, understanding local procedure is critical. The court recognizes the challenges of deployment and military service when scheduling hearings. Virginia law allows for special considerations under the SCRA, which may delay proceedings if a service member is on active duty. Our firm’s experience in this venue helps ensure your rights under both Virginia and federal law are protected throughout the process.
- Initial Consultation & Case Assessment: We review your military benefits, deployment schedule, and marital assets to build a strategy.
- Filing & Service of Process: We file the divorce complaint with the New Kent County Circuit Court, ensuring proper service under SCRA rules if you or your spouse are deployed.
- Discovery & Valuation: We obtain and value all marital assets, focusing on military pensions, Thrift Savings Plans (TSP), and VA disability benefits (which are generally not divisible).
- Negotiation & Settlement: We work to reach a settlement agreement that addresses child support, spousal support, and a clear division of military benefits.
- Court Approval & Orders: We present the agreement to the court or, if necessary, litigate to obtain final divorce decrees and qualified domestic relations orders (QDROs) for pension division.
Key Issues in a Military Divorce
In New Kent County, a military divorce involves dividing the military pension, determining child support based on military pay and allowances, and establishing custody amidst potential deployments.
| Issue | Legal Standard / Consideration | Impact |
|---|---|---|
| Military Pension Division | Governed by USFSPA & Va. Code § 20-107.3. The “10/10 Rule” affects direct payment from DFAS. | Requires a QDRO. A portion of disposable retired pay may be awarded to the former spouse. |
| Child Support | Calculated using Virginia guidelines, includes Basic Allowance for Housing (BAH) and Basic Pay. | Support amounts can be higher than civilian cases due to tax-free allowances. |
| Residency & Filing | Servicemembers Civil Relief Act (SCRA) may protect against default judgment. Virginia may accept military station as residency. | Allows filing in Virginia even if recent deployments occurred. |
| Medical Benefits (TRICARE) | Former spouse may retain TRICARE under the “20/20/20” or “20/20/15” rules. | Critical long-term health coverage for the former spouse and children. |
| Custody & Deployment | Parenting plans must account for deployment schedules, PCS moves, and visitation during leave. | Requires a detailed, flexible custody order approved by the court. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Military Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your case. Our tagline, “Advocacy Without Borders,” reflects our commitment to serving military families. Mr. Sris’s personal amendment of Virginia’s equitable distribution statute (Va. Code § 20-107.3) gives us unparalleled insight into property division, a core issue in military divorces. We understand the stress of legal proceedings during active service and work to provide clear, efficient representation.
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 New Kent County
Our firm has a documented record of favorable outcomes for clients in New Kent County. While every case is unique, our focused approach to military divorce aims to protect your pension, secure fair support, and establish workable custody plans. We draw on the extensive experience of our entire team, including Mr. Sris, whose background in complex financial cases is an asset in untangling military benefits.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Armed Forces Divorce Lawyer Serving New Kent County
Our Richmond location serves military members in New Kent County, Providence Forge, and Quinton. We are accessible via I-64 and Route 33. If you need a military member divorce lawyer New Kent County, we offer 24/7 phone consultations. Meetings are by appointment only at our Richmond office.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
FAQs: Armed Forces Divorce in New Kent County
How is military retirement divided in a Virginia divorce?
Yes, it can be divided. Virginia courts treat military retired pay as marital property subject to equitable distribution under Va. Code § 20-107.3, following the federal USFSPA. The non-military spouse may receive a percentage of the “marital share” of the pension.
Can I file for divorce in Virginia if I’m stationed here but my home of record is elsewhere?
It depends. Virginia may accept your military station as legal residency for filing purposes. The Servicemembers Civil Relief Act (SCRA) also provides protections. A service member dissolution lawyer New Kent County can assess your specific situation to establish jurisdiction.
Is VA disability pay divisible in a divorce?
No. Federal law generally protects VA disability compensation from division as marital property. However, it can be considered as a source of income when calculating spousal or child support obligations in New Kent County.
What is the 10/10 rule for military divorce?
The “10/10 rule” refers to a condition under the USFSPA where the military finance center (DFAS) will make direct payments to a former spouse only if the marriage overlapped at least 10 years of military service. It does not affect the court’s ability to award a portion of the pension.
How does deployment affect child custody orders?
Virginia courts can create detailed parenting plans that account for deployment schedules. These plans often designate a temporary custodian during deployment and outline communication methods. The deploying parent’s time may be made up upon return.
Related Legal Resources
If you are a military member dealing with other legal issues, our firm also provides representation in criminal defense and DUI/DWI cases in New Kent County. For more information on Virginia family law, visit our statewide family law hub. We also serve clients in neighboring areas like Henrico County and Chesterfield County.