Reston Military Divorce Lawyer

Skilled Attorney Representing Clients in Military Divorce in Northern Virginia

Divorce is hard enough as it is. When one spouse is a member of the military, however, things can get even more complicated. Whether you are in the military yourself or you have a military spouse, seeking out legal representation is in your best interests. With the assistance of a Virginia attorney with experience in military divorces, you can navigate the unique challenges that come with ending your marriage.

At Nicole M. Burns, Attorney at Law, we can help you work toward the best possible outcome to your military divorce. With over 15 years of experience in family law, Attorney Nicole M. Burns is qualified to represent you in issues of property division, child custody, and more.

Protections Available to Military Spouses in a Divorce

If you are on active duty, trying to keep up with the divorce proceedings can be difficult at best, or impossible at worst. Obviously, this places service members at a disadvantage if their non-military spouses file for divorce. To rectify this, the Service Members Civil Relief Act (SCRA) was enacted in 2003.

SCRA provides various protections to service members on active duty. Among many other provisions, it allows for members of the military to postpone judicial proceedings by 90 days or more while on active duty. This is immensely important to avoid having a default judgment placed against you by failing to show up in divorce court. At Nicole M. Burns, Attorney at Law, we can help you file an application for a stay of divorce proceedings. Furthermore, when you return from active duty, we can provide you with comprehensive representation and counsel.

Are Non-Military Spouses Entitled to Military Benefits in a Divorce?

In most marriages, wealth and assets accumulated during a marriage are considered to be marital assets. This includes retirement accounts. However, military retirement benefits are subject to unique rules and regulations.

Under the Uniformed Services Former Spouses' Protection Act (USFSPA), non-military spouses can receive military retirement pay. Note that a spouse is not automatically entitled to military benefits, however, as it must be awarded through the courts. Virginia is an equitable distribution state, so military retirement pay might not be divided equally.

There are also strict requirements that a non-military spouse must meet in order to directly receive a share of retirement benefits. Specifically, the marriage must have lasted at least 10 years, during which the military spouse must have served for at least years—this is often referred to as the 10/10 rule.

Other Issues in a Military Divorce

One of the most important questions that may come up during a military divorce is jurisdiction, meaning where the divorce will be handled. As a non-military spouse, can file for a military divorce in Virginia as long as you have resided in Virginia for at least six months. Similarly, if you are a service member, you can file for divorce in Virginia as long as you have been stationed in the state for six months.

Another issue that often arises is relocation of a military spouse receiving new orders. This needs to be navigated with a custody order that protects both parties' parenting time.

At Nicole M. Burns, Attorney at Law, we can adapt our approach to suit your specific needs. If you have any concerns about child custody, spousal support, or other issues that pertain to your military divorce, our attorney is happy to help.

Contact a Virginia Military Divorce Attorney Today

Our Reston family law attorney can help you take steps to resolve your divorce in an efficient manner, regardless of whether you are a service member or not. At Nicole M. Burns, Attorney at Law, we have the experience, skills, and resources to handle even the most complex cases.

Your case matters to us. To schedule an initial consultation today, call our offices at 703-373-4761 or contact us online.