Armed Forces Divorce Lawyer Arlington County — handling Military-Specific Rules
Military divorce in Arlington County involves unique federal and state laws governing pensions, residency, and custody. An Armed Forces Divorce Lawyer Arlington County from Law Offices Of SRIS, P.C. understands the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA). Our firm has 115 documented case results in Arlington County. We provide full representation for service members and their families.
Last verified: April 2026 | Arlington County General District Court | Virginia General Assembly
Military Divorce Laws in Virginia
Virginia handles military divorces under its state laws, but federal statutes like the USFSPA control key issues such as the division of military pensions. Virginia is an equitable distribution state under Va. Code § 20-107.3, which was personally amended by Mr. Sris. For a service member, Virginia courts can have jurisdiction if the service member is stationed in Virginia, claims Virginia as their home of record, or is a legal resident. The Servicemembers Civil Relief Act (SCRA) provides protections, including the ability to request a stay (delay) of proceedings if military duty materially affects the ability to appear in court.
- Determine jurisdictional requirements: Establish if Virginia and Arlington County have proper jurisdiction over the divorce.
- File for a stay if needed: If deployed or on active duty, file a motion under the SCRA to delay proceedings.
- Address pension division: Calculate the marital portion of the military pension and prepare a Qualified Domestic Relations Order (QDRO) for division under USFSPA rules.
- Resolve custody and support: Apply Virginia’s child support guidelines and custody factors, considering potential deployments and relocation.
- Finalize the decree: Ensure the final divorce decree properly addresses all military-specific benefits and obligations.
External Legal Resources
For the official Virginia statutes on divorce and equitable distribution, see the Virginia Code Title 20, Chapter 6. For Arlington County court information and forms, visit the Arlington County Circuit Court website.
Key Considerations in a Military Divorce
In Arlington County, a military divorce involves dividing the military pension, determining child custody during deployments, and applying SCRA protections.
| Issue | Governing Law | Key Consideration |
|---|---|---|
| Military Pension Division | USFSPA, Va. Code § 20-107.3 | Only the marital portion earned during the marriage is divisible; a QDRO is required. |
| Jurisdiction & Residency | Va. Code § 20-97, SCRA | Virginia may have jurisdiction if service member is stationed or domiciled here. |
| Child Custody & Deployment | Va. Code § 20-124.2 et seq. | Parenting plans must account for potential deployments and changes in residence. |
| Stay of Proceedings | Servicemembers Civil Relief Act | Active duty service members can request a stay of court proceedings. |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience in Military Family Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to complex family law matters, including those involving military service. Mr. Sris personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving our team deep insight into property division. We understand the unique pressures on military families and the specific laws that apply to service member dissolution in Arlington 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
Case Results in Arlington County
Our firm has a documented record in Arlington County courts. We have 115 total documented case results across all practice areas in this locality. For example, our attorneys have secured dismissals in assault and domestic violence cases in Arlington County General District Court and Juvenile and Domestic Relations Court. Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases. His background in accounting and information systems is an asset in divorces involving complex financial assets or military benefits.
Contact Our Arlington County Military Divorce Lawyers
Our Arlington location is minutes from the Arlington County Courthouse, accessible via major highways. We serve military members and families in Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. A service member dissolution lawyer Arlington County from our team is available for a consultation.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr Suite 700, Arlington, VA 22209, United States
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
How is a military pension divided in a Virginia divorce?
Yes, it can be divided. Under the USFSPA and Va. Code § 20-107.3, only the portion of the pension earned during the marriage (the “marital share”) is subject to equitable distribution. The non-service member spouse typically receives their share via direct payments from the Defense Finance and Accounting Service (DFAS) after a court-approved Qualified Domestic Relations Order (QDRO) is filed.
Can I file for divorce in Virginia if my spouse is in the military and deployed?
It depends. You must first establish that Virginia has jurisdiction. If your spouse is deployed, the Servicemembers Civil Relief Act (SCRA) allows them to request a stay (delay) of the divorce proceedings if their deployment materially affects their ability to participate. An Armed Forces Divorce Lawyer Arlington County can advise on jurisdiction and handling SCRA requests.
Does Virginia have special child custody rules for military parents?
Virginia uses the standard “best interests of the child” factors under Va. Code § 20-124.3. However, the court can enter a temporary custody order in anticipation of a deployment. The parenting plan should address communication during deployment and a process for resuming custody upon return. A military member divorce lawyer Arlington County can draft a plan that addresses these unique circumstances.
What is the residency requirement for a service member to file for divorce in Virginia?
At least one party must be a bona fide resident of Virginia for six months before filing. For a service member, this can be established if Virginia is their home of record, they are stationed in Virginia, or they demonstrate intent to make Virginia their permanent home. The filing occurs in the circuit court of the county or city where the resident lives.
How does the SCRA affect a military divorce case?
The Servicemembers Civil Relief Act provides protections for active-duty members. It allows them to request a stay of any civil proceeding, including divorce, for at least 90 days if their military duty materially affects their ability to appear or defend themselves. The court may grant additional stays. This law ensures service members are not disadvantaged in court due to their service obligations.
For more information, see our Virginia Family Law hub page. We also assist clients in Alexandria. If you are facing other legal issues, consider our Arlington County criminal defense lawyers.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.