Veteran Fairfax, VA Family Law Attorney Claudia Zucker Answers Questions About Military Divorces In Virginia

As a family law attorney headquartered in Fairfax, VA, the proximity of my practice to military bases and government institutions means that a significant portion of the divorces that I handle involves one or more active service members or reservists. Divorces involving members of the military are different than civilian divorces. The following questions and answers should not be construed as legal advice. Regardless of whether you, your spouse, or both of you are members of the military, you should contact a qualified Virginia family law attorney to discuss your case.

How are military divorces in Virginia different than civilian divorces?

Because military members are often deployed to places away from Virginia—often foreign countries—the Federal government and VA courts have enacted legislation to ensure that active service men and women are not divorced without their knowledge. The Soldiers and Sailors Civil Relief Act allows for a divorce to be postponed while a service member is on duty and up to sixty days after. The service member can waive the postponement if he or she wants the divorce.

How do I know if I should file for dissolution of marriage in Virginia?

For a military divorce in the Commonwealth, you or your spouse must either reside or be stationed in Virginia for a period of at least six months before filing the case.

What are the notification requirements when divorcing an active service member?

If the divorce is uncontested by the service member, then he or she need only sign a waiver of acknowledgement. Otherwise, the military spouse must be served in person with a summons and a copy of the divorce action. A qualified Virginia divorce lawyer should be able to help you arrange this.

What are the acceptable grounds for a military divorce in Virginia?

Regardless of whether the divorce involves a member of the military or two civilians, the legal grounds for divorce are the same.

Is it true that child support and alimony are capped for members of the military?

Although the military provides for minimum amounts of support that they require their members to pay to the spouse as child support or spousal support based upon their rank and pay grade, those numbers do not match those required by the Virginia Support Guidelines and the legal process in Virginia. It is necessary to take legal action to get the proper amount of support, and you will not get it until you file in court. Support amounts are only retroactive to the date of filing an initial support petition in Virginia.

Choose an Attorney With Experience in Military Divorces

Military divorces in Virginia are unique. When selecting a divorce attorney, make sure that he or she has experience in dealing with military marriages and divorces. Regardless of whether you reside in Fairfax, Manassas, Alexandria, Arlington, Loudoun, or Prince William, contact a reputable, professional divorce lawyer to discuss your case.

Virginia Divorce and Family Law Attorney Claudia Zucker

Do you need a military divorce attorney? Do you have questions about military divorces in Virginia? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.