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Military Divorce

Arlington, Virginia, Military Divorce Attorneys

If you or your spouse is in the military, getting a divorce can be complicated by military or federal laws. An experienced divorce lawyer will make the process easier by explaining rules that apply to military divorces and will help determine the appropriate court to file for divorce. Attempting a military divorce without a lawyer will be time consuming and stressful.

Let the skilled Virginia family law attorneys at Becker, Kellogg & Berry, P.C., guide you through the process of getting a military divorce. Whether you or your spouse is an active duty or retired U.S. military service member, special laws apply to your divorce. Contact us to schedule a free consultation about your military divorce.

Assistance with Active Duty Divorce Involving Military Personnel

Determining the proper court to file for divorce when you or your spouse is on active duty can be tricky. A federal law, the Servicemember's Civil Relief Act (SCRA), requires active duty service members to be personally served with divorce papers. Military members can, however, refuse consent to the service and the papers will not be served.

We will help you determine ways to serve a military member with divorce papers while they are on active duty. We are knowledgeable on military issues, including the proper court to file for divorce, and we will help you get a military divorce as quickly and efficiently as possible.

Filing for Military Divorce for Reserve or Retired Military Member

If are concerned about the division of your military benefits or your spouse's military pension, we can help. We advise clients on the relevant benefit division laws, including the Uniformed Services Former Spouse Protection Act (USFSPA), which was enacted to deal with these very concerns:

  • The act allows state courts to broadly construe pay as either just the service member's pay or as joint property for the spouse and the service member.
  • The federal laws also prohibit the division of military member's retirement to a spouse unless they have been married for more than 10 years.

If you are considering a military divorce, we can help. Our law firm is experienced in divorce mediation and negotiation, as well as collaborative law. We will assist in negotiating child custody, child support and spousal support.

We will guide you through the process of getting a military divorce, while compassionately counseling you on issues related to your divorce. Contact Becker, Kellogg & Berry, P.C., to talk Virginia military divorce lawyers. Our Springfield, Virginia, law offices are easily accessible from I-395 and I-66, as well as I-95 and the Capital Beltway.