How do I get a divorce in Virginia as an active duty member of the military? Where do I even start? If you or your spouse are an active duty service member, you’re not alone if you’re asking these questions, because just starting the process can seem daunting.
Whether you’re already part of the way through or are just getting started, this guide to military divorce in Virginia will help you understand what to expect from your divorce and how to make it go as smoothly as possible.
What’s the Fastest Way to Get a Military Divorce in Virginia?
Filing for an uncontested divorce is the fastest way to get a quick Virginia divorce. The Virginia Divorce Center offers a fast divorce in as little as 2-5 weeks.
If you are ready to get a fast divorce, with the option to complete your divorce online without ever having to step foot in a courtroom, we can help.
Get in touch today and take the first step to get a military divorce.
Contact Us Now to Get Started
What’s the Difference Between a Contested Military Divorce and an Uncontested Military Divorce?
Uncontested divorce vs contested divorce in Virginia is something that many couples often do not understand when filing for divorce.
In an uncontested divorce case, both parties agree on all terms of their divorce and are able to work together with their lawyer toward reaching an agreement on all issues.
In a contested divorce case, one party does not agree with one or more terms of their divorce, and after mediation, still can not come to an agreement, so they must go through court proceedings until they reach an agreement on all issues.
Filing for an uncontested military divorce can save you time, money, and stress. Legal fees can add up quickly in a contested divorce. If you and your ex can agree on all the terms of your divorce, it’s the fastest and easiest route to get divorced so you can move forward with your life.
Am I Eligible to File for a Military Divorce in Virginia?
To file for a military divorce in Virginia, there are requirements for Residency. One spouse must be currently living in Virginia and be a domiciled resident for at least the last six months.
You also qualify if one spouse is currently serving on active duty and stationed in Virginia or stationed on a U.S. naval ship that’s currently homeported in Virginia, with service in Virginia of at least six months.
If one spouse is an active duty service member stationed overseas, they need to have been stationed in Virginia for at least six months prior to being deployed overseas.
What are the Steps to File a Military Divorce in Virginia?
- A Separation and Property Settlement Agreement will be prepared by a Virginia divorce lawyer and then signed by both parties.
- Your divorce attorney will file the complaint in court.
- The spouse filing for divorce will sign the affidavit and the other spouse will sign the acceptance of waiver notice.
- Both spouses sign the proposed divorce decree and your divorce attorney files all documents with the court.
- A law clerk reviews your decree and the judge then signs and finalizes your divorce.
What is a Separation and Property Settlement Agreement?
In a military divorce, there are two main documents that help determine how property will be divided: a Separation and Property Settlement Agreement and an affidavit/decree of divorce.
Basically, once spouses have decided on property division and signed an agreement, they sign an affidavit that states their agreement is final, which becomes their decree of divorce if finalized by a judge.
What Information Should Be Included in a Separation and Property Settlement Agreement?
The separation and property settlement agreement may include information about things like:
- Who is responsible for which debts
- Who will maintain which assets
- How child custody will be handled
You may also want to include parenting agreements that outline when each parent can have time with their children or how you will decide on extracurricular activities such as school conferences and attending important events like proms and graduation ceremonies.
Depending on your unique situation, you may want to consider including additional details about specific arrangements. For example, if one spouse will move out of state during divorce proceedings or if either spouse has significant retirement savings that might affect alimony payments, it’s important to write these details into your agreement so there are no surprises later down the road.
Although not required, most spouses prefer having a legal document signed by both parties detailing all divorce-related information. A comprehensive separation and property settlement agreement outlines each divorce-related decision, from finances to child custody and care arrangements.
It can serve as an effective way to settle disputes at any point during divorce proceedings, since it creates written documentation of any decisions made between spouses.
Will I Get Child Support in a Military Divorce?
While the military doesn’t decide child support, they do find it to be a service member’s duty to provide for their children regardless of their custody arrangement.
If you have children with your military spouse, child support may be awarded to help with the cost of living for that child or children. This would be a very beneficial component to a Separation and Property Settlement Agreement.
How Does Alimony Work for Service Members?
If a service member earns more money than his or her spouse, then they may be required to pay spousal support. Spousal support can be based on a number of factors, including the health of spouses, length of the marriage, both spouses’ earnings and earning potential after divorce, and so forth.
The military service member might also be eligible for alimony if he or she has been deployed overseas during their marriage and suffered from extreme financial hardship because of it — though there are very specific circumstances that would apply for that type of alimony as well.
If a service member left his or her job to fulfill military obligations, spousal support payments could apply depending on the circumstances surrounding deployment.
Are There Any Laws That Protect Service Members and Their Family in Divorce?
Many service members deploy overseas and it can put a strain on their marriage, as they are separated from their spouse for months or even years at a time. There are laws in place to help protect the interests of both military personnel and their spouses or former spouses in the event of divorce.
- The Uniformed Services Former Spouses’ Protection Act (USFSPA)
Under certain circumstances, the USFSPA may provide former military spouses benefits for things like healthcare, pension, or commissary. - The Servicemembers Civil Relief Act (SCRA)
The servicemembers civil relief act protects service members by allowing the court to suspend, modify or terminate actions for most civil obligations, like car loans and mortgages during periods of active duty military service.
Get a Fast Military Divorce From the Comfort of Home
For married military members, divorces can sometimes be complicated due to differences in divorce laws by state. It’s important for both spouses to know their legal options in the case of a divorce – they should understand how the decision they make now could impact their future in terms of things like division of property, alimony, etc.
Seek the help of a Virginia divorce attorney who has the expertise to help you get the results you desire and deserve.
Fill Out Our Divorce Intake Form Now to Get Started
Or
Call Us at (703) 528-9800
We’re Here to Help!