Military Divorce

Virginia Military Divorce Lawyer

There are attributes to a divorce in which either spouse is a military member that are different from those without military members. Military divorce has its own unique challenges that require the skills of an experienced Fairfax military divorce lawyer. If you are considering divorce and you or your spouse is a military member, consider an attorney who understands the special circumstances of military families.

More Than 25 Years of Divorce Experience

At the Law Office of Raymond B. Benzinger, our highly skilled Fairfax military divorce lawyer has 39 years of practice experience and more than 25 years of exclusive focus in divorce and family law. Contact Raymond Benzinger today to schedule a one-on-one consultation about your military divorce and your concerns.

We can provide high-quality legal representation for any of your military divorce issues such as:

Child custody and child support
Visitation rights
Property division/property settlement
Alimony or spousal support
Post-divorce modifications
Domestic violence and protection orders

Virginia Military Divorce

One common issue among military divorce cases is a military member who is deployed or serving in another state. He or she is not immediately available to defend themselves in a divorce action. Under the Service member Civil Protection Act, military members serving outside the country are not required to be in circuit court to fight for custody or defend a divorce. Also, a delay of proceedings can be allowed. There are certain elements under this act that the other party is obligated to follow. Our Arlington military divorce lawyer can explain these protections and how they apply to your individual case.

There also may be jurisdictional issues. A military or service member can live in one state but actually have residence in another. Determining where custody or divorce proceedings should be held becomes complicated. However, custody proceedings usually follow the jurisdiction of the child.

Retirement benefits are generally disposed of in the same way as civilian benefits; only what is determined as the “marital portion” is subject to court jurisdiction. In Virginia, the non-retirement recipient is entitled to no more than half of the marital share. The Federal Former Spouse Protection Act guarantees certain rights to the nonmilitary spouse, such as access to the pension. This is dependent on a number of factors, such as whether a spouse remarries. We can discuss with you how this applies to your specific case.

Contact Our Virginia Military Pensions Attorney

Divorce can be an emotional and stressful time. The Law Office of Raymond Benzinger is here to provide you personalized attention and guidance throughout every step of the process.Call 703-537-5139 to arrange a consultation with our Arlington military divorce lawyer.

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