Armed Forces Divorce Lawyer Henrico County — Protecting Your Military Benefits
An Armed Forces Divorce Lawyer Henrico County is essential for military members facing family law matters. Virginia is an equitable distribution state under Va. Code § 20-107.3, a statute personally amended by Mr. Sris. Military divorces involve complex federal laws like the Uniformed Services Former Spouses’ Protection Act (USFSPA) governing pension division. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Henrico County Circuit Court | Virginia General Assembly
Military divorces in Virginia are governed by both state law and federal statutes. The primary Virginia statute for property division is Va. Code § 20-107.3, which outlines equitable distribution. For military personnel, the federal Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.C. § 1408, controls the division of military retired pay. The Servicemembers Civil Relief Act (SCRA) provides protections against default judgments during active duty. Understanding the interaction between these laws is critical for a service member dissolution lawyer Henrico County.
For official Virginia statutes, visit the Virginia Code § 20-107.3 (official Virginia General Assembly). Court information is available at the Henrico County Circuit Court website.
- Gather all military documentation, including LES, DD Form 214, and retirement estimates.
- File for divorce in the correct jurisdiction, considering Virginia residency rules for service members.
- Address temporary orders for child support and spousal support, which may be calculated differently for BAH and BAS allowances.
- handle the division of military retired pay, requiring a specific court order (QDRO for military pensions).
- Finalize the divorce decree, ensuring all military-specific provisions are correctly drafted to be enforceable by DFAS.
In Henrico County, a military divorce involves dividing military pensions under federal law, determining child support including BAH, and addressing potential SCRA protections against default judgments during deployment.
| Issue | Legal Standard / Consideration |
|---|---|
| Jurisdiction & Residency | Virginia may have jurisdiction if the service member is stationed in VA, is a VA domiciliary, or consents to jurisdiction, despite military orders. |
| Military Pension Division | Governed by USFSPA; court must have jurisdiction over the member. The “10/10 rule” affects direct payment from DFAS. |
| Child Support | Calculated using VA guidelines; military Basic Pay, BAH, BAS, and special pays are considered income. |
| Spousal Support | VA statutory factors apply; military pay and benefits are considered; potential COLA adjustments. |
| SCRA Protections | May allow for a stay of proceedings during active duty service and protect against default judgments. |
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, demonstrating deep involvement in the law that governs military divorce cases. Our firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the unique pressures on military families and the specific laws that protect service members.
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
In Henrico County, our firm has handled family law matters for military members. For instance, Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides strategic oversight on complex asset division, including military retirement accounts. His personal amendment of Va. Code § 20-107.3 is a unique credential in Virginia family law.
Results may vary. Prior results do not guarantee a similar outcome.
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
Phones 24/7/365; Office by appointment. By appointment only.
Our Richmond location serves clients at the Henrico County courts (4301 East Parham Road). We are accessible via I-64, I-95, and I-295. As an Armed Forces Divorce Lawyer Henrico County near Short Pump and Glen Allen, we provide 24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve the communities of Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial).
FAQs: Military Divorce in Henrico County
How is military retirement divided in a Virginia divorce?
Yes, it can be divided. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retired pay as marital property. The court determines the marital share (coinciding years of service and marriage) and can award a percentage to the former spouse, enforceable through a court order acceptable to DFAS.
Does the Servicemembers Civil Relief Act (SCRA) delay my divorce?
It depends. The SCRA allows active-duty service members to request a stay (delay) of civil proceedings, including divorce, if military duty materially affects their ability to appear. This is not automatic; the service member or their military member divorce lawyer Henrico County must request the stay from the Henrico County Circuit Court.
Can I file for divorce in Virginia if I’m stationed here but my home of record is another state?
It depends on establishing Virginia residency. Virginia requires at least six months of residency before filing. Physical presence due to military orders can establish residency. A service member dissolution lawyer Henrico County can analyze your specific situation to determine if you meet the jurisdictional requirements to file in Henrico County.
How is child support calculated for a military parent?
Military Basic Pay, Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), and special pays are included as gross income under Virginia child support guidelines. The calculation uses the Virginia child support worksheet, considering the income of both parents and custody time. The obligation continues even during deployment.
What is the “10/10 rule” in military divorce?
The “10/10 rule” refers to a provision in the USFSPA where DFAS can make direct payments of retired pay to a former spouse only if the marriage overlapped at least 10 years of military service creditable toward retirement. Marriages lasting less than 10 years during service may still have the pension divided, but payment must come directly from the member.
For more information on related legal issues, see our pages on Virginia Family Law, Chesterfield County Divorce Lawyer, and Henrico County Criminal Defense Lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.