Military divorces differ from civilian divorces in various ways. However, both types tend to be emotionally charged, and the process can be incredibly stressful. When dealing with a military divorce, securing the services of an experienced military divorce lawyer in Prince William County can be essential for ensuring a favorable outcome.
At Melone Hatley, P.C., our compassionate team of Prince William County divorce lawyers has over 30 years of experience and will use the knowledge we have gained over the years to help you achieve an outcome that meets your goals. Get in touch with us today by phone or through our website to schedule a free case review with a Client Services Coordinator from our firm.
Differences Between Military Divorces and Civilian Divorces
There are several profound differences between military divorce law and standard family law. When going through a divorce as a service member or the spouse of a service member, hiring a Prince William County family lawyer with experience handling military divorce cases can make all the difference.
The Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses Protection Act (USFSPA) are the two main federal acts that apply to military divorce cases.
Under the SCRA, service members are protected from a variety of actions while serving on active duty abroad, including:
- Default judgments
- Divorce determinations
- Determinations on child custody
- Foreclosures
- Evictions
Meanwhile, the USFSPA provides spouses of military personnel with the right to secure a portion of the military health benefits, retirement pay, exchange, and commissary available to their spouse as part of their divorce order or agreement.
The Virginia Military Parents Equal Protection Act (VMPEPA) further regulates how military divorces are processed, addressing several issues, including custody, visitation, and parental deployment.
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How a Military Divorce Lawyer in Prince William County Can Help With Your Case
When going through a military divorce, hiring an experienced attorney can prove critical. Not all family lawyers are experienced in military divorce cases, and many do not fully understand all the unique issues that need to be addressed.
At Melone Hatley, P.C., we have been representing service members and their spouses during divorce proceedings for the last decade. We know the steps to protect your rights and will help prevent you from making mistakes that could harm your case.
Our team understands military culture, and we will use this understanding to guide you through the divorce process while you pursue a resolution to your case that meets your goals.
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Issues You Must Resolve as Part of Your Military Divorce
There are several issues that will need to be resolved before you can finalize the terms of your military divorce. Some of the most important issues that must be addressed include:
- Child custody and visitation
- Child support
- Spousal support
- Division of assets and property
Child Custody and Visitation
If going through a military divorce where children are involved, custody and visitation are likely going to be the biggest issues you will need to resolve. These issues can become compounded when one parent is serving overseas.
In this situation, the SCRA prohibits the court from making a ruling on custody until the service member returns from deployment.
Child Support
Another important issue that you will need to address in a military divorce involving children is child support. In most cases, the parent with primary custody will receive support payments from their former spouse.
In deciding how much money to award in child support, the court will weigh several factors, including the needs of your child and the financial standing of both you and your ex-spouse.
Spousal Support
Spousal support is a critical issue in the majority of military divorce cases. When deciding how much will be awarded in spousal support and how long payments will be made, the judge handling your case will review:
- The income of both you and your spouse at the time of your separation, including any housing allowance
- The health and age of you both
- The lifestyle you were both accustomed to while married
- Whether either of you left the workforce to support each other or your children
- Each of your future earning capacities
- The distribution of property
- How long your marriage lasted
- Whether either of you were guilty of misconduct during the marriage, such as abuse or adultery
Division of Assets and Property
When dividing your assets during your military divorce, the court will weigh several elements that do not factor into civilian divorces. An experienced military divorce attorney can help you understand how the court is likely to rule regarding the division of your assets and property and will do everything possible to protect your rights and prevent an unjust judgment.
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Splitting Military Pensions and Retirement Accounts in a Divorce
During a divorce in Virginia, military pensions are handled in the same manner as civilian pensions. As part of the divorce process, many of the accounts held by both parties will need to be divided, including any voluntary retirement plans, such as:
- Roth IRAs
- Federal Employees Retirement System plans (FERS)
- Military Pension through DFAS
- Thrift Savings Plans (TSPs)
The portion of a service member’s pension that a spouse is entitled to recover during a divorce will depend primarily on the amount of time served and the length of the marriage. Other details that can factor into the decision include premiums for survivor’s benefits, qualified deductions, annual cost of living adjustments, and disability benefits.
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The Time Required for Finalizing a Military Divorce in Prince William County
The time it takes to file a military divorce is similar to that of a civilian divorce. In both cases, the main factor that impacts how long the divorce process will last is whether the divorce is contested.
Uncontested Divorce
Things tend to move along quickly when you are dealing with an uncontested divorce, as there are very few obstacles to overcome. Unfortunately, uncontested divorces are rare.
Most of the time, there will be at least one issue that the two parties can not agree upon. Some of the issues that most commonly lead to disagreements include:
- Child custody
- Child support
- Spousal support
- Division of marital property
- Division of military retirement pay
- Division of military pension
For those who are able to reach an agreement regarding all terms of their divorce, an experienced military divorce lawyer in Prince William County can help you draft a divorce agreement so you can get everything finalized and move on with your life.
Contested Divorce
For most military divorce cases, there will be at least one issue you can not resolve outside the courtroom. In this situation, the court will make a ruling to resolve the disputed issue. Unfortunately, by bringing the court into the equation, you will significantly increase the time it will take to finalize your divorce.
No matter how much time it takes to get all the details of your divorce hammered out, an experienced Prince William County military divorce attorney can help you through every step of the process and ensure your interests are protected.
Secure the Services of an Experienced Military Divorce Attorney in Prince William County Today
Every divorce comes with challenges, and the difficulties you face can multiply exponentially when you are stationed overseas while going through the divorce process. At Melone Hatley, P.C., we will take steps to protect your rights while you are serving abroad.
We will also ensure you are kept in the loop about any developments in your case so you know things are under control.
Get in touch with us to schedule a free case evaluation today, and check out our client testimonials for a better understanding of the type of service you can expect our firm to provide.
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