Armed Forces Divorce Lawyer Colonial Heights, VA
You are a career soldier stationed at Fort Gregg-Adams, just outside Colonial Heights. Orders have kept your family in Virginia for years, but now your marriage is ending and you are not sure how deployment status, a military pension, or the possibility of a PCS move will affect the divorce. An Armed Forces divorce raises questions civilian divorces do not—questions about the Servicemembers Civil Relief Act, about whether Virginia or your home state has jurisdiction, and about how a defined-benefit retirement plan gets divided when one spouse is still years from retirement. Law Offices Of SRIS, P.C. Concentrates its practice on family law matters including military divorce. Reach our location at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Your Strategy Options in an Armed Forces Divorce
The choices you make early in a Virginia military divorce can shape your financial future and your ability to remain in service. Mr. Sris and his Of Counsel approach each case by first identifying which issues the parties agree on and which will require litigation. If you and your spouse can reach a written separation agreement that resolves child custody, visitation, support, and property division, an uncontested divorce may be possible. Virginia law permits a no-fault divorce after a six-month separation when no minor children are involved and the parties have signed a separation agreement, or after a one-year separation if there are minor children or no agreement.
When agreement is not possible, the matter proceeds as a contested divorce in the Colonial Heights Circuit Court. Contested cases routinely involve temporary relief—pendente lite orders for spousal support, custody, and use of the family home while the divorce is pending. For a military family, temporary orders must account for deployment schedules, BAH, and the possibility that the service member will be out of state when hearings are set. Our attorneys work to ensure the court has a complete picture of the military pay structure so that support is set at a level the service member can meet while also meeting the family’s needs.
What to Expect in Colonial Heights Family Court
Colonial Heights is an independent city within the Twelfth Judicial District of Virginia. Divorce, equitable distribution, and spousal support matters are heard in the Colonial Heights Circuit Court at 550 Boulevard. Standalone custody, visitation, and child support cases, as well as protective orders, are heard in the Colonial Heights Juvenile and Domestic Relations District Court. Both courts sit at the same address.
The Colonial Heights General District Court, presided over by the Honorable Matthew Donald Nelson, handles civil claims but not divorce; still, attorneys familiar with local practice understand how the docket moves and how to coordinate filings across the two trial-level courts when a family matter touches both. Because the Richmond location of Law Offices Of SRIS, P.C. serves Colonial Heights, our attorneys are in the courthouse regularly and understand the judges’ expectations for proposed orders and parenting plans. There is no substitute for knowing how a given judge approaches military pension division or how the local clerk’s office processes a qualified domestic relations order.
What an Armed Forces Divorce Means for Your Benefits
Virginia is an equitable distribution state. That means marital property—essentially everything either spouse acquired during the marriage other than by gift or inheritance—is divided fairly but not necessarily equally. For a military family, the most valuable marital asset is often the service member’s pension. Under the Uniformed Services Former Spouses’ Protection Act, state courts may divide military retired pay as marital property, but only if the court has jurisdiction over the service member by reason of residence (other than military assignment), domicile, or consent.
The Colonial Heights Circuit Court applies the 11 factors listed in Virginia Code § 20-107.3 when determining how to divide a military pension and other assets. A divorce decree that divides retired pay typically requires a separate military qualifying court order acceptable to the Defense Finance and Accounting Service. Mr. Sris and his Of Counsel work with forensic accountants and military-pay attorneys to value the pension correctly and to draft orders that DFAS will approve. Survivor Benefit Plan coverage and Thrift Savings Plan division are also addressed as part of a comprehensive property resolution.
About Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised Virginia’s equitable distribution statute. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
Can I get divorced in Virginia if I am only stationed here?
Yes, a service member may file for divorce in Virginia if Virginia is the domicile of either spouse or if the service member has been stationed in Virginia and has established residency for at least six months. Virginia Code § 20-97 requires that at least one party be a bona fide resident and domiciliary of Virginia for six months before filing. A service member who maintains Virginia as the state of legal residence or who has lived in Virginia with the intent to remain can meet this requirement even if the military brought you here. If you have questions about whether you qualify, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Will deployment delay my divorce case?
The Servicemembers Civil Relief Act allows a court to stay proceedings while a service member is deployed, but a service member may also choose to waive the stay and proceed with the divorce while deployed. The SCRA protects service members from default judgments entered while they are unable to appear, but it does not force a case to stop. Your attorney can present your situation to the Colonial Heights Circuit Court and request either a continuance or a scheduling order that accommodates your communications. Mr. Sris and his Of Counsel are experienced in handling cases where one party is deployed or on unaccompanied orders.
How is child support calculated when BAH and BAS are part of my income?
Virginia child support guidelines use gross income from all sources, including base pay, Basic Allowance for Housing, Basic Allowance for Subsistence, and other military pays, as long as the amount is received regularly. The Colonial Heights Juvenile and Domestic Relations Court uses the Virginia statutory formula found in Code § 20-108.1. A military member’s income calculation can be complex because some allowances are tax-free and because in-kind housing provided on base may be treated differently than BAH received in cash. An experienced family law attorney can ensure the guideline worksheet accurately reflects your military compensation.
What happens to my security clearance during a contested divorce?
A contested divorce does not automatically affect a security clearance, but allegations of misconduct, financial irresponsibility, or domestic violence raised during the divorce could trigger a command or security review. Temporary protective orders, large support arrearages, or evidence of dishonesty during the proceedings can create reportable incidents. Mr. Sris and his Of Counsel coordinate with military defense counsel when necessary to protect a service member’s career while the family law matter proceeds in Virginia court.
Can my spouse stay in military housing after we separate?
Entitlement to military family housing generally ends when the service member moves out and the marriage is ending, but a separation agreement or a pendente lite order from the Colonial Heights court can address temporary housing arrangements for the non-military spouse and children. Housing policy depends on branch regulations and installation command. A formal court order often prompts the command to provide transitional support. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What if my spouse lives in another state?
Virginia courts can exercise jurisdiction over a non-resident spouse if the service member is a Virginia domiciliary and the non-resident spouse has sufficient minimum contacts with Virginia, such as having lived here during the marriage or having children here. The Colonial Heights Circuit Court applies long-arm jurisdiction under Virginia Code § 8.01-328.1. Service of process on an out-of-state spouse may require certified mail, a private process server in the other state, or, in limited circumstances, service by publication. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Additional Virginia family law resources: Fairfax County · Fairfax City · Falls Church · Prince William County · Manassas. For a full statutory breakdown, see our comprehensive analysis at srislawyer.com.
Outbound primary sources: Virginia Code Title 20 (Domestic Relations) · Colonial Heights Circuit Court · Virginia Judicial System.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
(804) 201-9009 · (888) 437-7747 toll-free
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