The process of a military divorce differs from that of a civilian divorce in various ways. However, both types of divorce are stressful and emotional. If you are going through a military divorce, an experienced military divorce lawyer in Fairfax can help you through the steps of this complex process.
At Melone Hatley, P.C., our compassionate team of Fairfax divorce lawyers will help ensure your goals are met and your rights are protected in your final divorce order. We will take an aggressive approach to your case while always protecting your rights. Contact us today by phone or through our website to set up a free case evaluation with one of our client service coordinators.
How Military Divorces Differ from Civilian Divorces in Fairfax
There are significant ways Virginia military divorce law differs from standard family law. If going through a divorce where either or both parties are members of the military, you need a Fairfax family lawyer with specialized experience in how these cases are handled.
The Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses Protection Act (USFSPA) are the two primary acts that affect military divorces under federal law.
The SCRA protects service members against a variety of actions while they are on active duty, including:
- Default judgments
- Foreclosures
- Evictions
- Determinations regarding child custody
- Divorce determinations
Meanwhile, the USFSPA entitles former military spouses to receive a portion of military health care benefits, retirement pay, exchange, and commissary following the dissolution of the marriage.
In addition to these federal acts, the Virginia Military Parents Equal Protection Act (VMPEPA) also addresses various issues in a military divorce, such as parental deployment, custody, and visitation.
Reasons to Hire a Military Divorce Lawyer Serving Fairfax
When going through a military divorce, it is critical to hire a lawyer experienced in these types of cases. Not all family lawyers are familiar with the specific laws and procedures that govern military divorces.
At Melone Hatley, P.C., we have been representing clients on both sides of military divorces for more than a decade. We are ready to help protect your rights, ensure you don’t make any critical mistakes, and secure the best possible outcome for a variety of issues, including:
- Child custody and visitation
- Child support
- Spousal support
- Division of physical property
- Division of other assets
We are familiar with military culture, which helps us navigate your divorce smoothly.
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How Long does a Military Divorce Take in Fairfax?
There typically isn’t a significant difference in the time it takes to finalize a military divorce versus a civilian divorce. In both cases, the main factor is whether the divorce is contested.
Uncontested Divorce
In an uncontested divorce, things can move quickly. Unfortunately, very few divorces fall into this category. With an uncontested divorce, both parties have to agree on every issue that needs to be resolved in the divorce, which can include:
- Child custody
- Child support
- Spousal support
- Division of military pension
- Division of military retirement pay
- Division of marital property
If you and your former spouse can get on the same page regarding all these issues, an experienced military divorce lawyer serving Fairfax can help you draw up the terms of a divorce agreement, and you can get your divorce finalized fairly quickly.
Contested Divorce
In most military divorce cases, there is at least one issue the two parties cannot agree upon. If you can not come to terms regarding every aspect of a divorce agreement, your divorce will have to be finalized with a court order. Contested divorces can take a significant amount of time, lasting years in some cases.
No matter how long it takes to finalize your divorce, your experienced Fairfax military divorce attorney will be with you every step of the way, ensuring that your interests are protected.
Issues You Will Need to Resolve to Finalize Your Military Divorce
There are a variety of issues you will need to resolve in order to finalize your military divorce in Fairfax. The biggest issues in these cases typically include:
- Child custody and visitation
- Child support
- Spousal support
- Division of assets and property
Child Custody and Visitation
Custody and visitation are often the most contentious issues in a military divorce involving children. They are particularly challenging if one parent is stationed overseas on active duty. That’s where SCRA comes into effect, preventing a determination on custody until the service member returns from deployment.
Child Support
Child support is another key factor in divorces involving children. Typically, the parent with primary custody will receive child support payment from their former spouse. The judge in your case will weigh a variety of factors to determine support payments, including the financial situation of both parents and the financial needs of your children.
Spousal Support
Spousal support is another key element in most divorce cases. When determining the size of your payments and how long payments will last, the court will consider:
- The age and health of you and your former spouse
- Both of your incomes at the time of the separation
- The future earning capacity for both parties
- Whether either party left the workforce to support their spouse or children
- The lifestyle enjoyed by each party while married
- The distribution of property
- Whether either party engaged in misconduct during the marriage, including abuse or adultery
- The length of your marriage
Division of Assets and Property
When determining how to divide assets and property following your military divorce, the presiding judge will consider additional factors that do not typically apply to a civilian divorce.
An experienced military divorce lawyer in Fairfax will explain how the court is likely to rule on the division of various assets and protect you from an unfair judgment that does not align with asset division guidelines.
How Military Pensions and Retirement Accounts Are Divided in Fairfax, VA
In Virginia, military pensions are treated the same as civilian pensions. Accounts that will need to be divided in a military divorce agreement include voluntary retirement plans such as:
- Thrift Savings Plans (TSPs)
- Federal Employees Retirement System plans (FERS)
- Roth IRAs
The pension amount given to a serviceman or woman’s spouse after a divorce depends on the length of the service member’s service and the duration of the marriage.
Other factors, including premiums for survivor benefits, disability benefits, qualified deductions, and annual adjustments for cost of living, also play a role.
Get Help from an Experienced Military Divorce Attorney Serving Fairfax Today
Divorce is difficult, and the challenges can be especially great if you are stationed overseas. At Melone Hatley, P.C., we will ensure your rights are protected while you are away and keep you up to date on every development in your case. That way, you can be confident nothing is slipping through the cracks.
Contact us today by phone or through our website to set up a free case consultation with a member of our team.
