Armed Forces Divorce Lawyer New Kent County — Protecting Your Military Benefits
If you are a service member facing divorce in New Kent County, Virginia, you need an Armed Forces Divorce Lawyer New Kent County who understands the unique military laws that apply.
Military Divorce Laws in Virginia
Virginia handles military divorces under both state law and federal statutes like the USFSPA and the Servicemembers Civil Relief Act (SCRA). A key statute is Va. Code § 20-107.3, which governs the equitable distribution of marital property, including military retirement pay. The court can only divide the portion of the pension earned during the marriage. For a service member dissolution lawyer New Kent County, understanding jurisdictional rules is critical. Virginia courts can have jurisdiction over the divorce if the service member is stationed in Virginia, is a legal resident of Virginia, or consents to the jurisdiction.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
Official Legal Resources
For the official text of Virginia’s divorce and equitable distribution laws, refer to the Virginia Code Title 20, Chapter 6.1. The New Kent County Circuit Court website provides local forms, filing fees, and procedural information.
Key Military Divorce Issues in New Kent County
For a military member divorce lawyer New Kent County, the primary focus is protecting your benefits and achieving a stable post-divorce plan. The SCRA provides protections against default judgments while you are deployed or on active duty.
- Establish Jurisdiction & File: Your attorney will determine if New Kent County Circuit Court has proper jurisdiction and file the initial complaint for divorce.
- Serve the Spouse & SCRA Protections: Ensure proper service. If the service member is deployed, the SCRA may allow for a stay of proceedings.
- Negotiate a Separation Agreement: This critical document will address division of the military pension (using a coverture fraction), child support (including BAH), custody, and spousal support.
- Court Approval & Final Decree: The agreement is presented to the judge. If uncontested, the final decree can be granted after the required separation period.
Potential Outcomes in a Military Divorce
In New Kent County, a military divorce can involve the division of retirement pay, child support based on military pay, and custody plans accommodating deployment schedules.
| Issue | Legal Standard / Consideration | Potential Outcome |
|---|---|---|
| Military Pension Division | USFSPA; Va. Code § 20-107.3 (marital portion only) | Court awards a percentage of the marital share via a Domestic Relations Order. |
| Child Support | VA Guidelines include BAH/BAS as gross income | Monthly support payment based on combined income and custody schedule. |
| Custody & Deployment | Best interests of the child; deployment schedule | Primary physical custody may be adjusted; detailed visitation plan for leave periods. |
| Spousal Support | 13 factors under Va. Code § 20-107.1 | Monthly support for a defined duration, considering military pay and length of marriage. |
| SCRA Protections | Stay of proceedings during active duty/deployment | Case may be postponed until service member can participate. |
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 firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving us deep insight into property division. We understand the stress a military divorce can bring and provide clear, steady guidance through the legal process.
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
In New Kent County, our firm has a documented record of favorable outcomes across all practice areas. We approach each military divorce with a focus on protecting your career, your benefits, and your relationship with your children. Firm founder Mr. Sris, a former prosecutor with a multi-state practice, provides strategic oversight on complex cases, ensuring every legal avenue is explored.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Armed Forces Divorce Lawyer New Kent County
Our Richmond location serves clients in New Kent County. We are accessible via I-64 and represent service members at the New Kent County Courthouse. We serve the communities of New Kent, Providence Forge, and Quinton.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
How is a military pension divided in a Virginia divorce?
Yes, it can be divided. Under the USFSPA and Va. Code § 20-107.3, only the portion of the pension earned during the marriage is considered marital property. The court uses a “coverture fraction” (years of service during marriage ÷ total years of service) to determine the marital share, which can then be divided.
Can I get a divorce in Virginia if my spouse is deployed?
It depends. The Servicemembers Civil Relief Act (SCRA) protects deployed service members from default judgments. The court may stay (pause) the proceedings until the service member can respond. However, with proper legal planning and notice, the divorce can often proceed.
How is child support calculated for a military parent?
Virginia child support guidelines include all military pay and allowances—such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS)—as gross income. The combined income of both parents and the custody schedule are used to determine the monthly obligation.
Does adultery affect a military divorce differently?
Yes. Adultery is a fault ground for divorce in Virginia with no waiting period. For a service member, it can also potentially violate the Uniform Code of Military Justice (UCMJ), skilled to separate military disciplinary proceedings, which is why consulting a military member divorce lawyer New Kent County is crucial.
What is the 20/20/20 rule for military spouse benefits?
The 20/20/20 rule refers to a former spouse’s eligibility for certain military benefits (like TRICARE and commissary access). It applies if the marriage lasted 20+ years, the service member served 20+ years, and there was 20+ years of overlap between the marriage and service.
For more information, see our Virginia Family Law hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you have other legal needs, consider our New Kent County criminal defense lawyers.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.