Norfolk Military Divorce Lawyer New Kent County — What Are Your Rights?
A military divorce in New Kent County involves unique federal and state laws. As a Norfolk Military Divorce Lawyer New Kent County, Law Offices Of SRIS, P.C. understands the Servicemembers Civil Relief Act (SCRA), division of military pensions under the Uniformed Services Former Spouses’ Protection Act (USFSPA), and Virginia’s equitable distribution statute.
Statutory Definition of Military Divorce in Virginia
Military divorces in Virginia are governed by both state law and federal statutes. The primary Virginia statute is Va. Code § 20-107.3, which outlines equitable distribution of marital property, including military pensions. The federal Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.C. § 1408, authorizes state courts to treat disposable military retired pay as marital property subject to division. Virginia courts can only divide the portion of the pension earned during the marriage. The Servicemembers Civil Relief Act (SCRA) provides protections like staying proceedings during active duty.
Last verified: April 2026 | New Kent County Circuit Court | Virginia General Assembly
External Legal Resources
For the official text of Virginia’s equitable distribution law, see Va. Code § 20-107.3 (official Virginia General Assembly). For court procedures and forms, visit the Virginia Judicial System website.
Insider Procedural Edge for New Kent County Military Divorces
New Kent County Circuit Court handles all divorce, equitable distribution, and spousal support matters. For military cases, the court is familiar with the federal/state law intersection. A key procedural fact is that Virginia requires at least one corroborating witness for an uncontested divorce hearing. For military personnel, obtaining this can be logistically challenging during deployments.
- File the Complaint: The divorce action is filed with the New Kent County Circuit Court. If the service member is deployed, the SCRA may allow for a stay.
- Serve Process: Service of process must comply with Virginia rules and, if overseas, the Hague Convention or other international agreements.
- Address Jurisdiction: Establish that Virginia has jurisdiction under the Military Spouses Residency Relief Act (MSRRA) and that New Kent County is the proper venue.
- Negotiate Settlement: Draft a separation agreement that addresses pension division using a coverture fraction, Survivor Benefit Plan (SBP) elections, and child support under Virginia guidelines.
- Present Evidence at Hearing: Present the finalized agreement or litigate contested issues before the judge, providing necessary military documentation like Leave and Earnings Statements (LES).
- Obtain Final Order: The court enters a final decree of divorce, which must contain specific language for the Defense Finance and Accounting Service (DFAS) to divide the pension.
Potential Outcomes in a Military Divorce
In New Kent County, a military divorce can involve division of the military pension, spousal support based on military pay, and child support calculated using Virginia guidelines.
| Issue | Legal Standard / Classification | Potential Outcome | Financial Impact | Additional Consequences |
|---|---|---|---|---|
| Military Pension Division | USFSPA / Marital Property Share | Court awards a percentage of the disposable retired pay earned during marriage. | Direct payment from DFAS if 10/10 rule met; otherwise paid by member. | Survivor Benefit Plan (SBP) election required. |
| Child Support | Va. Code § 20-108.2 Guidelines | Calculated from military base pay, BAS, BAH, and other allowances. | Monthly obligation based on combined income and custody schedule. | Automatic allotment possible; continues if member is reassigned. |
| Spousal Support | Va. Code § 20-107.1 Factors | Based on need, ability to pay, standard of living, and duration of marriage overlapping service. | Monthly payment; may be modified upon retirement or change in pay. | Termination upon recipient’s remarriage or cohabitation. |
| Custody & Visitation | Best Interests of Child (Va. Code § 20-124.3) | Parenting plan accounting for deployment schedules, PCS moves, and long-distance visitation. | Costs for transportation for visitation. | Communication schedule during deployments; may involve Family Care Plans. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Military Divorce
Law Offices Of SRIS, P.C. was founded in 1997. Our firm has over 120 years of combined legal experience. We understand the complex interplay between Virginia divorce law and military regulations. Mr. Sris, our managing attorney, personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, giving us deep insight into property division. We provide full representation for service members and their spouses facing divorce in New Kent County.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Documented Case Results
In New Kent County, our firm has a total of 11 documented case results across all practice areas with a 100% favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on military matters, Mr. Sris, is a former prosecutor and the firm’s founder who personally amended Virginia’s equitable distribution law.
Contact Our New Kent County Military Divorce Lawyers
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle). We are accessible via I-64, Route 33, and Route 249. We are a Norfolk Military Divorce Lawyer New Kent County near Colonial Downs and serve the communities of New Kent, Providence Forge, and Quinton.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Military Divorce in New Kent County FAQs
How is a military pension divided in a Virginia divorce?
Yes, it can be divided. Under the USFSPA and Va. Code § 20-107.3, the portion of disposable military retired pay earned during the marriage is marital property. The court uses a coverture fraction (years of marriage during service ÷ total years of service) to determine the share.
Can I file for divorce in New Kent County if my spouse is stationed at Norfolk?
It depends. Jurisdiction depends on legal residency. The Military Spouses Residency Relief Act (MSRRA) may allow a non-service member spouse to file in Virginia if they live here and the service member is stationed in Virginia on military orders. A service member divorce lawyer New Kent County can assess your specific situation.
What is the 10/10 rule for military pensions?
The 10/10 rule refers to a provision in the USFSPA. If the couple was married for at least 10 years overlapping 10 years of military service, the Defense Finance and Accounting Service (DFAS) can make direct payments of the pension share to the former spouse. Otherwise, the service member makes the payment.
How does deployment affect a divorce case?
The Servicemembers Civil Relief Act (SCRA) allows active-duty members to request a stay (delay) of civil proceedings, including divorce, during deployment or for a period after. A military spouse divorce lawyer New Kent County can handle these stays while protecting the at-home spouse’s interests.
How is child support calculated for a service member?
Child support in Virginia is calculated using statewide guidelines based on the parents’ combined monthly gross income. For a service member, this includes base pay, Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), and other special pays. The obligation continues even if the member is reassigned.
What is a Survivor Benefit Plan (SBP) in divorce?
The SBP provides a continuing annuity to a beneficiary after a service member’s death. In a divorce, the former spouse can be named as the “former spouse beneficiary.” The court can order the service member to elect this coverage, and the cost of the premium is often considered in the overall settlement.
Internal Resources: For more information, see our Virginia Family Law hub page. We also assist with criminal defense in New Kent County and DUI defense.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.