The process for a Norfolk military divorce differs from a standard civilian divorce in several ways. However, you’re aware of the one thing they both have in common: they both tend to be stressful and emotional.
At Melone Hatley, P.C., we have a compassionate team of Norfolk divorce lawyers who will help you meet your goals while protecting your rights during a military divorce.
We will take an aggressive approach while pursuing a positive outcome to your case. Contact us by phone or through our website to schedule a free case review with one of our Client Services Coordinators.
What Separates a Military Divorce From a Civilian Divorce in Norfolk?
When going through a divorce where either or both parties are active or retired military, you need to secure the services of a Norfolk family lawyer who specializes in handling these types of cases.
The two primary acts that affect military divorce under federal law are the Uniformed Services Former Spouses Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA).
Under the USFSPA, former spouses of military members are entitled to a portion of their ex-spouse’s military health benefits, retirement pay, commissary, and exchange after the divorce has been finalized. Under the SCRA, service members are protected from various actions while on active duty, including:
- Divorce determinations
- Determinations regarding child custody
- Default judgments
- Foreclosures
- Evictions
The Virginia Military Parents Equal Protection Act (VMPEPA) further regulates issues related to military divorce, including parental deployment, custody, and visitation.
Schedule your free meeting with our team today to see if our Military Divorce Lawyers can help you.
How Long does It Take to Finalize a Military Divorce in Norfolk?
The timeframe for a military divorce is typically the same as for a civilian divorce. In each case, the primary factor that will affect the time it will take to finalize the divorce is whether or not it is contested.
Uncontested Divorce
Things move quickly in an uncontested divorce with few issues holding up proceedings. Unfortunately, uncontested divorces are rare, as the two parties are unlikely to agree on every issue that needs to be settled. Common points of contention include:
- Child custody
- Child support
- Spousal support
- Division of marital property
- Division of military retirement pay
- Division of military pension
If you and your ex-spouse are able to come to terms on all these issues, an experienced military divorce lawyer in Norfolk can assist you in drafting a divorce agreement so you can complete the divorce process.
Contested Divorce
Most of the time, there will be at least one issue where you and your spouse cannot reach an agreement. In this situation, the court will need to issue a ruling on your military divorce. When going through the court system, your divorce will take significantly longer, in some cases, lasting for years.
However long it takes to finalize the terms of your divorce, your experienced Norfolk military divorce attorney will help you through the entire process, working to protect your interests every step of the way.
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Issues that Must Be Resolved During a Military Divorce
Before you can finalize your military divorce, there are several issues you will need to resolve. The biggest issues that face couples going through a divorce often include:
- Child custody and visitation
- Child support
- Spousal support
- Division of assets and property
Child Custody and Visitation
Custody and visitation can be incredibly contentious issues when going through a military divorce. These issues are further complicated when one parent is stationed abroad on active duty. In these situations, the SCRA prevents a custody determination from being made until after the service member has returned from deployment.
Child Support
Another important issue that must be addressed during a divorce involving children is child support. In most cases, the parent with primary custody will receive support payments from their ex-spouse.
The judge handling your case will consider several factors, including the child’s needs and the financial situation of both parents when determining how much child support to award.
Spousal Support
Spousal support is another issue that must be considered in the vast majority of military divorce cases. When deciding the size of your payments and how long payments will be made, the court will weigh:
- The age and health of both you and your ex-spouse
- The income of both parties at the time of your separation
- Both of your future earning capacities
- Whether either you or your ex left the workforce to support each other or your children
- The lifestyle you both enjoyed while married
- Whether either of you engaged in misconduct during the marriage, such as abuse or adultery
- The distribution of property
- The length of your marriage
Division of Assets and Property
When deciding how to divide your assets during your military divorce, the judge will consider several factors that are not present in a typical civilian divorce.
An experienced military divorce attorney will let you know how the court will likely rule on the division of various assets and ensure you are protected against an unfair judgment.
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The Division of Military Pensions and Retirement Accounts in Norfolk
Military pensions are handled the same as civilian pensions in Virginia divorce cases. Accounts that commonly need to be divided as part of a military divorce agreement or order can include voluntary retirement plans, including:
- Thrift Savings Plans (TSPs)
- Federal Employees Retirement System plans (FERS)
- Roth IRAs
The pension amount a service member’s spouse is likely to receive after a divorce depends on how long their spouse served and the length of the marriage. Other factors that can play a role include premiums for disability benefits, survivor benefits, annual cost of living adjustments, and qualified deductions.
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Reach Out to an Experienced Military Divorce Attorney in Norfolk Today
All divorces are difficult, and the challenges you face can be even greater if you are stationed overseas. At Melone Hatley, P.C., we will take many steps to protect your rights while you are on active duty and keep you apprised of any developments so you can be confident that everything is under control.
Contact us to schedule your free case review and read our client testimonials to learn more about the service we provide to our clients.
Schedule a call with one of our client services coordinators today.
