Military Divorce

Getting divorced always comes with its share of struggles, and if you’re going through a divorce while in the military, some unique rules and parameters can make this process even more difficult. Whether you’re serving in the military or married to a military member, you may be concerned about how a divorce will affect your rights or military benefits. Fortunately, you don’t have to walk this path alone. At Pedersen Law, our military divorce attorneys are here to help you navigate the divorce process and protect what matters most to you.

A common misconception is that military divorces must be handled in a military court. On the contrary, military courts are only used to issue punishments and discipline service members and are not mandated to grant a divorce. Military divorces are often managed by both federal and state laws in Virginia.

Divorce Between Retired Military Members vs. Active Duty

Although the divorce process for military members is the same as anyone else’s, a few additional factors can influence it. For example, the process may be extended if you’re on active duty in a remote location or have a permanent station abroad. In addition, you might be required to fulfill some requirements for active-duty military members who want to file for divorce in your stationed area.

At Pedersen Law, we can help you navigate your divorce process efficiently, whether you’re a retired military member or on active duty. We proudly serve military personnel and their spouses, assisting them in maneuvering complex divorce issues. We have vast experience in military divorce matters and understand the stress and concern clients experience.

What You Can Expect During Your Divorce Proceedings

The Virginia court system views all marriages as partnerships and believes wealth obtained during the marriage is subject to equitable distribution. Property in a military divorce can be divided into:

• Disability pay: A service member with a permanent disability who can no longer perform their military work is subject to military disability, retired pay, and VA disability compensation, both of which are excluded from the Uniformed Services Former Spouses' Protection Act.

• Survivor benefit plans: If your ex-spouse worked in the military for over 20 years or your union overlapped the time in the military by 20+ years, you may qualify for full base benefits, provided you don’t remarry.

• Military pension: If you were married to a service member, even for less than a year, your spouse might receive a portion of your military retirement.

• Servicemembers’ Civil Relief Act: SCRA allows you to delay or postpone any divorce-related matters if you’re on active duty.

We’ll Stand By You During Divorce

We’re proud that Pedersen Law has been recognized as a top family law firm in Virginia. With over a decade of experience representing service members through divorce processes, our legal team has personal and professional experience handling divorce processes of any type and nature.

Contact Us Today

If you need help navigating your military divorce case in Virginia, we can help. We offer a personalized approach to each case to ensure you get the help you need. We also provide a smooth divorce process and keep you engaged and informed throughout the process.

Get in touch with us today to book your initial consultation and discuss your case confidentially with Heather Pedersen, our lead military divorce attorney.