Residency Requirements for Military Divorce in Virginia
Normally, one spouse must be a Virginia resident for at least six months before filing. For military families, Virginia allows service members to file if:
They are stationed in Virginia for at least six months, or
They are officially a Virginia resident, even if stationed elsewhere.
This flexibility helps military members who move frequently due to duty assignments.
Federal Protections for Military Members
Military divorces must follow both state and federal laws. Some federal protections include:
Servicemembers Civil Relief Act (SCRA): Allows active-duty members to request a delay in divorce proceedings if military duties make it difficult to respond.
Division of Military Pensions: Governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA), which allows state courts to divide military retirement pay.
Child Custody and Deployment Concerns
Custody arrangements can be more complex in military divorces. Courts consider the child’s best interests, but deployment or frequent moves must also be taken into account. Virginia courts may issue temporary custody arrangements during deployment, with custody returning once the service member is back.
Military Benefits After Divorce
Benefits are a major concern in military divorces. Some key points:
Health Insurance (TRICARE): Former spouses may qualify for continued coverage depending on the length of the marriage and service (20/20/20 rule or 20/20/15 rule).
Housing: Entitlements to on-base housing typically end after divorce.
Retirement Pay: Can be divided between spouses if the marriage overlapped with at least 10 years of military service.
Why a Military Divorce Attorney Helps
Military divorce has many moving parts—state residency rules, federal laws, custody concerns, and benefits division. An experienced Virginia military divorce lawyer can:
Explain your rights under both Virginia and federal law
Help you file in the correct jurisdiction
Ensure military pensions and benefits are divided fairly
Protect custody rights during deployment situations
Taking the First Step
Filing for divorce while serving your country—or while married to someone who does—can feel overwhelming. But you don’t have to face it alone. With the right legal guidance, you can protect your future, your children, and your financial security.
If you’re considering filing for divorce in Virginia military, start by consulting with an attorney who understands both military and family law. The process may be complex, but with proper support, you can navigate it successfully and move forward with confidence.
