There are numerous issues unique to divorce when one or both spouses is a member of the armed forces. For members of the military and their spouses, a divorce can be impacted by both state and federal laws. These laws pertain to any couple where one or both spouses are currently serving in or has retired from the military.
While every divorce in our state falls under Virginia law, there are benefits and circumstances that pertain exclusively to a military divorce. Factors such as overseas deployment, child custody and visitation arrangements, benefits, and specific laws regarding families in the armed services make it imperative that anyone in a military family seeking a divorce consult with an experienced Virginia divorce attorney.
The Uniformed Services Former Spouses Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA) are the two most important federal laws regarding military divorce. Each of these acts contains a number of nuances that require expert legal knowledge to navigate. With accomplished legal counsel, a civilian or military spouse is best able to utilize the USFSPA and SCRA ensuring that all legal rights are met for both parties and their children.
The Commonwealth of Virginia requires that couples seeking a divorce meet specific conditions regarding residency. For military families, this can include where either the service member or civilian spouse resides, is stationed or was last living in the United States (if living overseas). The special circumstances regarding residency can be answered by our legal team at Curran Moher Weis.
Military divorces are a challenging category of divorce, but the experienced Fairfax Military Divorce Lawyer from Curran Moher Weis understands this type of dissolution of marriage and the intricacies that accompany it.
Contact us today at (571) 328-5020 or request a consultation to discuss your situation with one of our Northern Virginia divorce attorneys.