All divorces are different and can range vastly in complexity. However, military divorces are constrained to a specific set of rules that makes them unique to other types of proceedings. If you are experiencing a military divorce, it is important to know the basic rules for filing and to seek professional legal advice. Hopefully, you find this information here useful and helps get you started:
How Do I Know If I Can File For Military Divorce?
To handle a divorce case in Virginia, the court needs proper jurisdiction. Jurisdiction is generally determined by where the civilian or military spouse lives. You can file for a military divorce in Virginia if one of the following is true:
- One party member belongs to the armed military forces and stationed in Virginia for a minimum of six months; or
- One party member belongs to the armed military forces and stationed in Virginia for a minimum of six months before directly being deployed to an outside country; or
- One party member belongs to the armed military forces and stationed on a military ship with its homeport in Virginia; or
- One party member is a current resident of Virginia.
It is important to note that under federal law US military members cannot be sued for divorce while on active duty, or 60 days following active service. So, knowing the time period is necessary if you are your spouse belong to the military.
Types of Military Divorce Proceedings
There are two main options for completing a military divorce proceeding; a deposition, which does not require a court appearance, or a brief court appearance. Divorce deposition is a popular choice for our military clients because there is no court appearance and requires no travel. Minimal travel is especially important for military families since many of our military clients are stationed in various parts of the country, with many deployed in other countries.
Regardless of which method the party decides, you will be represented justly and professionally. And do not worry if you have to make a court appearance, our team will do everything to make sure you are adequately prepared for the court appearance. Likewise, we will do everything in our power to deliver a great deposition.
What is Decided Through a Military Divorce Process?
A court is there to decide many issues presented through a case, whether it involves members of the military or not. The court’s final divorce decree will address custody of any minor children involved, child support payment, both the recipient and the amount, and spousal maintenance, also known as alimony. However, one area where the rules are different pertains to the unique military benefits and pensions to armed service members. These benefits depend on the duration of the marriage.
Consult a Professional Military Divorce Attorney in Virginia
At The Law Office of Michael Ephraim, many of our clients are active duty armed services personnel. Our legal team are divorce experts with over 25 years of experience specializing in uncontested and military divorce in Virginia. We have assisted clientele from all over the state of Virginia and have dealt with a wide range of clients and issues in the past. Our team has truly seen it all.
If you are going through a military divorce, do not go through it alone. Seek the proper legal advice for help. Ephraim is here to get you what you deserve. Want to get started? Fill out our simple Divorce Intake Form so we can get an idea about your unique situation. If you would like to learn more about why Ephraim is the right legal representation for you, or would like to talk to one of our divorce legal experts, contact us today.