Norfolk Military Divorce Lawyer Rockingham County, VA
You are a service member stationed at Naval Station Norfolk—or perhaps your spouse is—and the marriage is ending. The demands of military life, deployments, and frequent relocations have taken their toll. Now you need a lawyer who understands both the Virginia divorce process and the unique rules that apply when one or both parties are in uniform. Law Offices Of SRIS, P.C. represents military families in divorce and family law matters throughout the Commonwealth, including clients from the Norfolk area who need counsel in Rockingham County Circuit Court. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results, with a thorough understanding of the Servicemembers Civil Relief Act, military pension division, and the custody challenges that arise when a parent faces deployment. Results may vary. Reach our location at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
The Client’s Strategy Options
A military divorce in Rockingham County, Virginia, can follow several paths. The trusted strategy depends on whether both parties agree on the major issues—grounds, property division, spousal support, and child custody—or whether the case will be contested. Mr. Sris and his Of Counsel work with clients to evaluate the full picture before making any filing decisions.
An uncontested divorce may be available if the parties have lived separate and apart for the required period (six months if there are no minor children and a signed separation agreement is in place, or one year otherwise) and have resolved all matters. In a military context, the separation period can be complicated by deployments or changes of station, and the firm helps clients document the separation even when the spouses are living on opposite coasts. If the divorce is contested, the case proceeds to the Rockingham County Circuit Court, where the judge resolves the disputed issues under Virginia’s equitable distribution statute. Because military pensions are often the largest marital asset, the firm works with forensic experts to value and divide the pension correctly, whether through a Domestic Relations Order or a military qualifying court order. Throughout the process, the firm pays close attention to the Servicemembers Civil Relief Act, which can affect a deploying member’s ability to participate in court proceedings.
What to Expect When the Case Moves Forward
Once the Complaint for divorce is filed with the Rockingham County Circuit Court at 53 Court Square, Harrisonburg, Virginia, 22801, the court issues a summons and the case enters the discovery phase. This is the period when each side gathers financial records, military leave and earnings statements, and other evidence. If temporary orders are needed for spousal support, child custody, or use of the marital home, the firm can request a pendente lite hearing. The timeline for a final hearing depends on the court’s calendar and the complexity of the issues, but the firm keeps clients informed at every stage.
For military families, there are additional considerations. The Uniformed Services Former Spouses’ Protection Act allows state courts to divide military retired pay as marital property, but the division is not automatic—the spouse must have been married to the service member for at least ten years overlapping ten years of creditable military service for direct payment from the Defense Finance and Accounting Service. The firm’s attorneys understand these technical requirements and marshal the necessary evidence. When children are involved, the court applies the trusted-interests factors under Virginia law, which require the judge to consider, among other things, the child’s relationship with each parent, the parents’ ability to cooperate, and any history of family abuse. A deployment schedule or permanent change-of-station orders can affect custody and visitation arrangements, and the firm advocates for practical parenting plans that reflect the realities of military life.
How Virginia Law Treats Military Divorce
Virginia is an equitable distribution state; the court divides marital property fairly but not necessarily equally, after considering the eleven factors listed in Va. Code § 20-107.3. In a military divorce, the marital estate typically includes the service member’s pension, Thrift Savings Plan, Survivor Benefit Plan, and any other benefits accrued during the marriage. Separate property—such as a pre-marriage savings account or an inheritance—generally remains with the owning spouse. The court also has the authority to award spousal support based on the parties’ respective financial circumstances and the duration of the marriage.
Custody and child support are determined under the same Virginia statutes that apply to all families. The child support guidelines, set out in Va. Code § 20-108.1, use a formula that considers both parents’ gross incomes, including military allowances such as Basic Allowance for Housing and Basic Allowance for Subsistence. Because the calculation can be nuanced, the firm works with accountants and child-support attorney to ensure that the proposed support amount is accurate and fair. Every case outcome depends on the specific facts, and the firm prepares each family law matter with the care that a military family deserves.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law for over two decades. A former prosecutor, he brings courtroom experience and a practical understanding of how contested hearings unfold. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is supported by a team of Of Counsel attorneys who concentrate their work in family law and related areas. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary.
Frequently Asked Questions
Can a military spouse get part of the pension if they were married less than ten years?
A military pension can still be divided as marital property even if the ten-year overlap rule is not met, but direct payment from DFAS may not be available. Virginia courts have the authority to treat the portion of the pension accrued during the marriage as marital property and award the non-member spouse a share, regardless of the length of the marriage. However, if the marriage and the creditable service do not overlap for at least ten years, the payment must be made by the service member rather than through an automatic deduction by the Defense Finance and Accounting Service. The firm works with pension valuation attorneys to calculate the marital share and drafts court orders that comply with federal and state law.
How does deployment affect a custody case in Rockingham County?
Deployment alone does not strip a parent of custody rights, and Virginia law provides mechanisms to protect the parent-child relationship during a deployment. The court considers the best interests of the child, and a temporary absence due to military service is not treated as abandonment or a permanent change in circumstances. The firm helps clients create parenting plans that provide for electronic communication, visitation during leave, and the appointment of a temporary caretaker during the deployment. When the service member returns, the prior custody arrangement is generally restored.
Does the Servicemembers Civil Relief Act apply to divorce cases?
Yes, the SCRA can postpone court proceedings if a service member’s military duties materially affect the member’s ability to appear or participate in the divorce case. The Act allows a service member to request a stay of proceedings for a minimum of ninety days, and the court may grant additional stays for good cause. The firm ensures that the procedural protections of the SCRA are invoked when appropriate and that the case moves forward without unnecessary delay once the member is available. The SCRA does not permanently bar a divorce; it simply adjusts the timeline.
What is the difference between a contested and uncontested military divorce?
An uncontested divorce resolves without a trial because the parties agree on all issues; a contested divorce proceeds to litigation because one or more disputes remain. In an uncontested case, the parties sign a separation agreement that covers property division, support, and custody, and then submit the agreement to the court for approval. The process is faster and less expensive. In a contested case, the court schedules hearings, reviews evidence, and decides the unresolved matters. The firm represents clients in both types of proceedings and helps them evaluate which path is feasible given the specific facts of the marriage and military career.
How do I start the divorce process in Rockingham County if I am in the military?
Contact a family law attorney to discuss your situation, determine the proper grounds for divorce, and file a Complaint for divorce in the Rockingham County Circuit Court. The court requires that at least one party has been a resident and domiciliary of Virginia for at least six months before filing. If you are stationed in Virginia but claim another state as your domicile, the firm can analyze whether the court has jurisdiction over your case. After the Complaint is filed, the other party must be served, and the case proceeds through discovery and, if necessary, a final hearing. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
For more information, see the Virginia statutory framework: Virginia Code Title 20 (Domestic Relations) and Rockingham County Circuit Court.
Mr. Sris and his Of Counsel also represent clients in neighboring counties. Learn more about our family law practice in Clarke County, Shenandoah County, Frederick County, Warren County, and Augusta County.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Case results depend on a variety of factors unique to each case.