Norfolk Military Divorce Lawyer Arlington County — Protecting Your Military Benefits
A military divorce in Arlington County involves complex federal and state laws, including the division of military pensions under the Uniformed Services Former Spouses’ Protection Act (USFSPA) and protections under the Servicemembers Civil Relief Act (SCRA). As a Norfolk military divorce lawyer Arlington County, Law Offices Of SRIS, P.C.
Last verified: April 2026 | Arlington County Circuit Court | Virginia General Assembly
Military divorces in Virginia are governed by state law, primarily Va. Code § 20-91 (divorce grounds) and Va. Code § 20-107.3 (equitable distribution of property, including military pensions). Federal statutes like the USFSPA and SCRA create additional layers that require specific legal knowledge. A Norfolk military divorce lawyer Arlington County must handle both systems to protect a client’s retirement, benefits, and custody rights during deployment.
- Gather all military documentation: Leave and Earnings Statements (LES), retirement estimates, and deployment orders.
- File for divorce in the correct jurisdiction—Virginia requires you or your spouse to be a resident for at least six months.
- Address SCRA protections if the service member is deployed, which may delay proceedings.
- Negotiate or litigate the division of the military pension, Thrift Savings Plan (TSP), and other benefits.
- Finalize the divorce decree, ensuring it includes a Qualified Domestic Relations Order (QDRO) for pension division if needed.
In Arlington County, a military divorce follows Virginia’s equitable distribution laws, where marital property, including the military pension share earned during the marriage, is divided fairly based on multiple statutory factors.
| Issue | Legal Standard | Considerations |
|---|---|---|
| Military Pension Division | USFSPA allows state courts to treat disposable retired pay as marital property. | Only the portion earned during the marriage is subject to division (the “time rule”). |
| SCRA Protections | Servicemembers Civil Relief Act | May grant a stay of proceedings if service member is on active duty. |
| Child Support & Custody | Va. Code § 20-108.1 & § 20-124.2 | Military pay and allowances are included in income calculations; deployment schedules affect parenting plans. |
| Medical Benefits (TRICARE) | 20/20/20 Rule | Spouse may retain TRICARE if marriage lasted 20 years overlapping 20 years of service. |
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), giving our firm deep insight into property division, including military assets. Our tagline, “Advocacy Without Borders,” reflects our commitment to serving the unique needs of military families facing divorce.
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 Arlington County, our firm has a documented record of handling family law matters. We approach each military divorce with an understanding of the stakes: long-term financial security, child custody stability, and the preservation of hard-earned benefits. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases, ensuring every legal avenue is explored.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr Suite 700, Arlington, VA 22209, United States
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Our Arlington location is positioned to serve clients at the Arlington County courts. We represent service members and military spouses across neighborhoods including Crystal City, Rosslyn, Clarendon, Ballston, and Pentagon City. As a Norfolk military divorce lawyer Arlington County resource, we offer 24/7 phone consultations for immediate guidance.
Norfolk Military Divorce Lawyer Arlington County FAQ
How is a military pension divided in a Virginia divorce?
Yes, but only the portion earned during the marriage. Virginia courts use the “time rule” formula under the USFSPA. The marital share is calculated by dividing the number of years of service during the marriage by the total years of service.
Can a divorce proceed if my spouse is deployed?
It depends. The Servicemembers Civil Relief Act (SCRA) allows active-duty members to request a stay of court proceedings. However, the service member can waive this protection. A service member divorce lawyer Arlington County can advise on seeking or responding to a stay.
What is the 20/20/20 rule for military benefits?
The 20/20/20 rule allows a former spouse to retain full TRICARE medical benefits if the marriage lasted at least 20 years, the service member served at least 20 years, and the marriage overlapped the service by at least 20 years.
Does Virginia law favor the service member in a divorce?
No. Virginia is an equitable distribution state, meaning marital property is divided fairly, not automatically 50/50. The court does not favor either spouse based on military status but considers all factors under Va. Code § 20-107.3.
Where should I file for divorce as a military member?
You can file in Virginia if you or your spouse are legal residents for at least six months before filing. You may also file in the state where the service member is legally domiciled. A military spouse divorce lawyer Arlington County can help determine the most advantageous jurisdiction.
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in Arlington County and DUI defense in Arlington County. Learn more about our Arlington law location.
Last verified: April 2026. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.