If you are on active duty overseas this time apart in another country can count towards your grace period of separation. Once the six months are up finalizing the divorce does not take long. In some cases, a divorce can be granted in as little time as 15 days.
A spouse is entitled to one year of transitional medical benefits under the 20/20/15 rule, which requires at least twenty years of marriage, at least twenty years of military service, and at least fifteen years of overlap of the marriage and the military service.
According to them, Virginia is the 8th most expensive state to divorce in, with an average cost of $14,500. But, the cost of a divorce can vary on a case-by-case basis, which means you could end up spending far less or more than average.
Advice and/or service regarding the following matters are normally available at legal assistance offices: Wills with and without testamentary trusts. General estate planning advice. Domestic relations advice, including divorce, legal separation, annulment, custody, and paternity.
The Uniformed Services Former Spouses' Protection Act (USFSPA) limits pension division awards to 50% of the service member's disposable retired pay. However, the maximum can be as high as 75% if the court orders the service member to pay alimony and/or child support.
There is no set amount of time that you must be married for your spouse to potentially be able to access your military pension in a divorce. Even if you were married for less than a year, a court may award a share of your military retired pay to them.
Traditionally, the parties each pay for their own attorney in a divorce suit. The spouses are not allowed to share an attorney, so each party must provide their own attorney for the legal process.
In Virginia, filing a basic uncontested divorce can cost as little as a few hundred dollars, while contested divorces can easily reach as high as $10,000.
In Virginia, the quickest divorces are uncontested. State laws dictate you must be legally separated from your spouse for at least 1 year before you can begin divorce proceedings, but once you have filed for divorce, a simple case can be completed in a matter of months.
The military offers free legal assistance if you need to write your will, are considering signing a lease, or need a power of attorney or notarized signature and best of all, military family members have access to it. Military Lawyers are called Judge Advocates General (JAGs).
There is no charge for services provided by military legal assistance offices. All services provided by a military legal assistance lawyer are free to eligible personnel. If your legal problem involves costs or fees (for example, a filing fee to file a case with the court), you will probably have to pay these charges.
Judge advocates are commissioned officers in one of the U.S. Armed Forces that serve as legal advisors to the command in which they are assigned. Their functions include providing legal advice and assistance in a wide variety of practice areas, as well as serving as prosecutors and defense counsel in courts-martial.
It depends on the state where you file for divorce. For instance, in some states that allow for an uncontested divorce, the main reasons for seeki...
In the case of fault divorce, the spouse filing for divorce argues that the other spouse is responsible for the breakdown of the marriage. In the c...
In an uncontested divorce, the couple proactively agrees on the divorce details such as child custody or support, debt, and assets division. In con...
State law governs most aspects of the divorce process, such as determination of child custody and visitation, grounds for divorce, division of property and debt, and spousal and child support. In a divorce involving a current or former service member who may be entitled to receive military retired pay, however, ...
Factors that now affect how a court determines a former spouse’s interest in a current or retired service member’s military retired pay include: When the service member joined the armed services. Whether the service member is on active duty or retired. The length of the marriage.
Under the “ 20/20/20 Rule ,” the former spouse will be eligible for all military benefits and installation privileges, including medical, commissary, military exchanges (PX/BX), etc. after divorce if:
In a divorce involving a current or former service member who may be entitled to receive military retired pay, however, certain Federal laws authorize a state court to treat a service member’s military retired pay as marital property and direct how the state court may divide it between spouses.
When dividing military retired pay, Federal law also permits a state court to order a current or retired service member to designate his or her former spouse as the beneficiary under the service member’s Survivor Benefit Plan (SBP). The SBP is an important benefit that is similar to a life insurance policy or annuity.
The Virginia military divorce attorneys at The Law Offices of John W. Lee, P.C., understand the sacrifices made by members of the military and their families, so they are dedicated and committed to providing them with superior representation and trusted advice in military divorces and all family law matters.
It should not come as a surprise, considering there are 27 military bases located in the commonwealth, that Virginia holds the distinction of ranking second among the states in having the largest population of those serving in the military. As a result, military divorce cases are common. State and federal laws applicable to service members and their families present unique challenges requiring the services of experienced Virginia military divorce attorneys. Attorneys at The Law Offices of John W. Lee, P.C., have 70 years of combined experience and a proven record of assisting service members or their spouses in divorce proceedings.
Laws exist to protect members of the military from defaulting in divorce proceedings because they cannot appear in court or because they might not even know about the case until they return to the United States .
Separate property is deemed owned by one of the spouses and not subject to equitable distribution. Examples of the types of assets a court could classify as separate property belonging to only one spouse includes the following:
The law which allows pension division in military cases is the Uniformed Services Former Spouses' Protection Act (FSPA), found at 10 U.S. Code Section 1408; however, it only allows the division of military pensions by state courts, leaving most of the rules up to each state.
This means 90 days after receipt of the pension division order or the divorce decree which divides the pension, or after the retiree begins receipt of the pension payments, whichever is later. Awareness of this three-month gap is important, since it should be addressed in the order or decree.
For those with 100% disability ratings, the Department of Veterans Affairs pays full benefits while DFAS pays the full military pension.
FSPA is located at 10 U.S. Code Section 1408. The Survivor Benefit Plan is in an entirely different statute, 10 U.S. Code Section 1447 and following sections, and these say nothing about how SBP is to be divided.
The inspiration for this Legal Eagle came from three excellent articles written by Lt Col (Ret.) Ed Shilling, a former Air Force JAG officer from Alaska who often served as an expert or consultant in military divorce cases.
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A Law Firm practicing Military Divorce law. Hirsch & Ehlenberger, P.C. has provided high quality legal representation to the Northern Virginia community since 1989, practicing ... Read More exclusively in the areas of divorce and family law
Military divorce cases involve a complex intersection of federal and state law, involving issues of military retirement, the Survivor Benefit Plan, disability pay, and the Servicemembers’ Civil Relief Act. Navigating through an ordinary divorce can be stressful enough—adding the complexities involved in a military divorce can make ...
Virginia Code Section 20-107.3 provides that military retired pay is “marital property” to the extent it was earned during the parties’ marriage, and before the final separation of the parties. The “marital share” of retired pay can be defined as a fraction, the numerator of which is the total number of months the parties were married (prior to separation) during the servicemember’s creditable military service, divided by the total number of months of the member’s creditable military service. Virginia courts will typically award the spouse with a one-half (1/2) share of the “marital share.”
The Uniformed Services Former Spouses Protection Act (“USFSPA”) is the federal law that authorizes state divorce courts to divide a servicemember’s “disposable retired pay.” The USFSPA defines disposable retired pay as gross retired pay minus: (a) recoupments or repayments to the federal government, (b) deductions from retired pay for court-martial fines or forfeitures, (c) disability pay benefits, and (d) Survivor Benefit Plan premiums. Under the USFSPA, state divorce courts are only allowed to divide a servicemember’s disposable retired pay—not the member’s gross retired pay, and not any disability pay the member receives.
Navigating through an ordinary divorce can be stressful enough—adding the complexities involved in a military divorce can make a stressful situation seem completely overwhelming. That is why the attorneys at Livesay & Myers, P.C. have put together this Guide to Military Divorce in Virginia—to give you the information you need to advocate ...
This is often referred to as the “ 10 year rule .”. Note that even in cases where the 10 year rule is not met, the court can still award the former spouse a share of the member’s military retirement. However, in these cases, the member must pay the former spouse the share directly, as direct payment through DFAS will be unavailable.
Under this approach, military retired pay is frozen based on the member’s rank and years of service at the time the court order dividing military retired pay (typically the final divorce decree) is entered.
The National Defense Authorization Act (NDAA) for 2017, signed into law in December 2016, drastically changes the way military retired pay can be divided in divorce cases. See Major Changes to Federal Law on Dividing Military Retired Pay. In addition, on January 1, 2019, big changes went into effect for the military retirement system for all active duty and retiring servicemembers. See Changes to Military Retirement System in 2019. If you are a servicemember or servicemember’s spouse facing a divorce, be sure to check back with the Livesay & Myers, P.C. website and blog frequently, as our attorneys will be providing further updates on this constantly changing field of law.
The Defense Finance and Accounting Services (DFAS) will only make direct payments to you for your share of your wife’s retired pay if your wife served in the military for at least 10 years, you have been married for at least 10 years, and 10 years of your marriage overlaps with 10 years of her service.
To qualify, your spouse must have served in the military for at least 20 years , you must have been married for at least 20 years, and 20 years of your marriage must overlap with her service. In other words, she must have served for 20 years during your marriage.
Whether you are awarded a share of your spouse’s “gross retired pay” or “disposable retired pay” can mean a difference of several hundred thousand dollars. Don’t jeopardize the security of your retirement; consult with an attorney who understands military retirement and disability.
For service members, a divorce decree can be crafted to protect your service benefits. Ensure that your retirement is adequately protected in your divorce decree to avoid returning to court to fight for your retirement.
Getting divorced is a complex process, and it is especially complicated in the military. Even attorneys who have practiced family and matrimonial law ...
If you are located elsewhere, we can advise your attorney on these issues. While military disposable retired pay is generally divisible upon divorce, VA disability compensation, military disability retirement benefits, Special Combat-Related Compensation (SCRC), and Concurrent Retirement and Disability Pay (CRDP) are usually not divisible.
Some states have laws that prevent the modification of a custody order based on a service member’s deployment; other states do not . It is essential that your attorney understands the laws in your state and is aware of potential complications when crafting your custody arrangement.
Divorce assistance in Hampton Roads. The Soldiers and Sailors Civil Relief Act, which was signed into law in 2003, added important protections to members of the military who are not able to meet their financial and legal obligations due to active service.
Any type of divorce — military or civilian — can cause pain and stress. However, Hunter Law Firm has the experience and legal knowledge to help clients through the unique issues that arise when active military service members divorce.