Divorce law has special exemptions when it involves people who are in the military. In cases of military divorce, matters like alimony and child custody are examined in a different light to make sure that the proceedings won’t negatively affect an individual’s ability to continue to serve their country. Each state has its own laws when it comes to handling military divorce. For those in the state of Virginia, the laws pertaining to that area are explored in depth here.

Active Duty Protection

One of the big hurdles faced by military spouses is the chance that they might be served with divorce papers while deployed out of the country. In some states, that places the spouses in default for the case which may mean that they return home to find that they have been divorced without their knowledge. Virginia has laws set up to protect military personnel from this situation. If a service member is on active duty, then the proceedings can be postponed for up to 60 days. This gives ample time for all parties to be informed, which means that there won't be a scramble to handle the many complicated legal aspects of a military divorce case.

Serving Papers to a Military Spouse

For military divorce proceedings to begin, a spouse serving in the military needs to be served their paperwork in person. This can sometimes lead to a delay, especially if the spouse is currently deployed. The goal behind this law is to make sure that delicate matters like alimony and child custody are not rushed into but are rather tackled from all different angles. These Virginia laws are all focused on handling cases where there is something to be contested in the proceedings. In the case where a couple wants to be mutually divorced, the serving of papers can be avoided. In that case, the spouse who is serving in the military only needs to sign a waiver to inform the courts that the divorce is mutual and uncontested.

Who Qualifies for a Military Divorce?

In order to gain a military divorce in the state of Virginia, at least one of the spouses involved needs to be a current resident of Virginia or somebody in active service who is deployed to Virginia. There are certain other restrictions designed to protect the serving spouse as well. For example, a member of the military doesn't have to pay any retirement funds to the other spouse unless the marriage has lasted at least 10 years while the person in question was serving in the armed forces. Child support and alimony are also not allowed to exceed more than 60% of the military personnel's allotted pay. Aside from these guidelines, the typical laws of the state of Virginia apply.

Virginia residents are lucky enough to have a state that makes sure that military divorce proceedings are equal and fair to both parties. Most of the state's laws remain the same, but the exemptions above are designed to make sure that nobody can take advantage of a soldier's service status to gain leverage during proceedings.

The end of a marriage is frequently a sad, painful and difficult time. For military spouses, the complexities of military divorce are compounded due to the intricate details and difficult fact patterns surrounding military life and military pay and benefits. Military divorces, however, do not have to be any more painful and daunting than civilian divorces. It is important for military spouses to understand some of the basics of military divorce in order to protect their rights and transition out of the marriage as smoothly as possible.

As many stories on the matter often discuss, there are three items that repeatedly come up in military divorces: kids, pensions and spousal support. Military lifestyle and the way military personnel are paid and receive benefits all play into each of these issues. For spouses navigating a military divorce, each one of these issues will need to be discussed and decided.

The Children

If a military marriage produced children, a parenting plan will have to be established, as well as child custody and child support. In many military families pre-divorce, one spouse has taken care of the children while the other has been deployed for duty. In these cases, especially if the military spouse is still on active duty, and is often deployed, child custody may not be an issue because a judge would likely award the stay-at-home spouse either primary or sole custody.

Additionally, the issues of child support in these cases may be more readily determinable considering that one spouse will primarily care for the children and need funds from the other to do so. It is important to note that a judge would always look to the best interests of the children in signing final orders for a parenting plan and child support. Not considered is the best interests of either spouse, or what she or he simply thinks is fair.

If the child is located overseas, or the spouse has been deployed for a lengthy amount of time, additional issues may arise in establishing child support, custody, and a parenting plan. For example, if a child has resided in Germany habitually, then a German court would have jurisdiction over the child, not a Virginia Court, even if the child is a U.S. citizen and born in Virginia.

Spousal Support

The second item that often comes up in military divorces is spousal support. In military marriages, one spouse often stays at home while the other spouse is either deployed or is training or studying. Frequent domestic or international moves, and the grueling schedule of a military spouse, also contribute to one spouse’s unemployment status. For this reason, a military spouse may be required to pay spousal support until the other spouse can finish his or her education and become gainfully employed.

Pensions

Lastly, and perhaps trickiest, is the issue of the military pension. Pensions vary in value, but it is important to understand exactly how much is at stake when decided how it will factor into property division. Service members may have a Roth IRA and Thrift Savings Plan that will need to be taken into consideration during the divorce, as well as a military retirement pension. Under the Uniform Services Former Spouses Protection Act, military pensions are treated as marital property, to which non-military spouses are entitled to one-half if the marriage lasted for 10 years. Of course, it is important to note that the pension plan, like most things in a divorce, is up for negotiation between the parties.

Kids, spousal support and pensions, while frequently flagged, are by no means the only issues to be worked out in a military divorce. If you are planning to get a military divorce, you should seek out the assistance of an experienced military divorce attorney, who can fully help you understand your rights and what you are entitled to. Contact the experienced attorneys at Garrett Law Group, PLC today for a confidential consultation.