Norfolk Military Family Lawyers

Representing Services Members & Their Loved Ones in Virginia Beach

While undergoing a Virginia divorce can be a stressful time for anyone, military divorces can be especially complex for U.S. military servicemembers, not to mention their families and loved ones. Whether you’re a veteran, active-duty member, or reserved member, our experienced Norfolk attorneys have the specialized skills and understanding of military family law to fight for the favorable outcome you deserve. 

Our passionate advocates at The Griffin Law Firm, PLLC, are more than skilled attorneys. As veterans, we understand the unique legal challenges that can accompany military disputes in Virginia courts, which is why our law firm is committed to serving deserving military families in Norfolk, Virginia Beach, and beyond. From military divorce to children born abroad, you can count on our compassionate team to advocate tirelessly on your behalf while keeping your best interests at heart. 

Military family law comes with unique challenges. Contact us online or call us at (888) 707-4282 to discuss your case with a skilled Norfolk military family attorney.

Military Family Law Cases We Handle

At our firm, we understand the unique challenges that military families face when it comes to resolving family law matters in Virginia. Our dedicated team of military family law attorneys is here to provide comprehensive legal support and guidance to veterans and their loved ones in Norfolk, Virginia Beach, Chesapeake, and the surrounding areas.

We have extensive experience representing military families in a range of family law disputes, including: 

• Military divorces involve the dissolution of a marriage where one or both spouses are serving in the military. Unlike normal civilian divorces, a military divorce in Norfolk can entail additional complications due to deployments, frequent relocations, and the division of military benefits. Fortunately, our confident military family lawyers have the in-depth knowledge and skillset to assist with a variety of divorce-related disputes, including: 
• Military Property Division – Determining the division of military pensions, retirement benefits, housing allowances, and other military-specific assets is often a complex part of a military divorce. Understanding state-specific laws and related regulations surrounding these assets is crucial to ensuring a fair division in family court in Norfolk, Virginia. 
• Military Child Custody – Military child custody disputes often arise when service members are required to relocate due to changes in duty stations or deployments. Determining a custody arrangement that serves the best interests of the child while accommodating the unique circumstances of military life requires careful consideration.
• Military Child Support – Virginia family courts can take various factors into account when calculating child support in military families, such as housing allowances, combat pay, and other military-specific income. An accurate assessment is vital to ensure military children are well cared for. 
• Military Spousal Support – Military spousal support, also known as alimony, is determined based on factors like the length of the marriage, U.S. military servicemembers’ income, and the non-military spouse's financial needs, if applicable. Understanding the intricacies of military pay and benefits is crucial to achieving a fair resolution in a Virginia military divorce in Norfolk. 
• Military Retirement – Military retirement benefits are subject to specific rules and regulations during division in a divorce. Determining how these benefits will be distributed requires a comprehensive understanding of military family law and related regulations to ensure that retirement funds are divided fairly in military divorces.

Understanding Military Family Law in Norfolk, Virginia

Unlike civilian family law, military family law is subject to certain state and federal laws that can make such legal disputes more difficult and complex to navigate, let alone resolve. Regardless of the family matter you’re facing, it’s imperative for military couples and families to work with a Norfolk military divorce attorney with a specific understanding of military family law and sufficient experience serving families in similar cases. 

In Virginia, there are various laws that uniquely apply to veterans and U.S. servicemembers engaged in family-related disputes, including:

Uniformed Services Former Spouses Protection Act (USFSPA)

The Uniformed Services Former Spouses Protection Act (USFSPA) is a federal law that addresses the division of military pensions and other benefits in divorce cases involving military service members. It provides guidelines for the treatment of military retired pay and establishes certain rights and protections for former spouses of military members. It can affect factors like:

• The division of military pensions – USFSPA allows state courts to treat military retired pay as marital property subject to division in divorce proceedings. In Virginia, the court has the authority to divide military pensions between the service member and the non-military spouse based on factors such as the length of the marriage and the service member's years of creditable service.
• Direct payments – USFSPA permits the court to order the Defense Finance and Accounting Service (DFAS) to directly pay a portion of the military pension to the former spouse. This method ensures that the former spouse receives their share of the pension directly from the DFAS without relying on the service member for payment.
• Survivor Benefit Plan (SBP) – The USFSPA requires the former spouse to be designated as the beneficiary of the Survivor Benefit Plan (SBP) unless otherwise agreed upon. The SBP provides the former spouse with continued financial support in the event of the service member's death.
• Benefit protection – The USFSPA protects the rights of former spouses by ensuring that they do not lose access to military medical benefits, commissary privileges, or exchange privileges after divorce, provided they meet the eligibility criteria outlined in the law.

Servicemembers Civil Relief Act (SCRA) 

The Servicemembers Civil Relief Act (SCRA) is a federal law that provides legal protections and benefits to active-duty military service members. It aims to alleviate the burdens and distractions placed on service members as they fulfill their military duties. In Virginia, the SCRA can affect military family law in the following ways:

• Stay of proceedings – The SCRA allows service members to request a “stay” (temporary halt) of certain civil proceedings, such as divorce, child custody, or child support cases. This provision is in place to ensure that service members have the opportunity to focus on their military duties without the additional stress of legal proceedings in Norfolk.
• Default judgments –Under the SCRA, service members who are unable to appear in court due to military service have protection against default judgments. This means that if a service member is not able to respond to a lawsuit or attend a court hearing, the court may postpone the proceedings to allow the service member an opportunity to participate.
• Termination of leases – The SCRA allows service members to terminate residential leases, including those for housing, if they receive permanent change of station (PCS) orders or are deployed for a period of at least 90 days. This provision helps ensure that service members are not burdened with unnecessary financial obligations while fulfilling their military obligations.
• Interest rate cap –The SCRA limits the interest rates that can be applied to certain financial obligations incurred prior to military service. This provision prevents excessive interest charges on loans and credit cards during periods of active duty, providing financial relief to service members and their families.
• Eviction protection – The SCRA provides eviction protection for service members and their dependents, ensuring that they cannot be evicted from their primary residence without a court order while on active duty. This protection helps maintain stability and housing security for military families.

What Sets Military Family Law Apart From Civilian Family Law? 

Military family law differs from civilian family law due to the unique circumstances that service members and their families face. Some unique challenges of military family law disputes in Norfolk, Virginia, include: 

• Frequent relocations – Military families often experience frequent moves due to changes in duty stations, which can complicate child custody arrangements and disrupt established visitation schedules.
• Deployment challenges – Deployment can significantly impact child custody, visitation, and support arrangements. Ensuring the best interests of the child are protected while accommodating the service member's military obligations requires skilled legal representation.
• Military benefits – Understanding the intricacies of military benefits, such as pensions, healthcare, and housing allowances, is crucial when addressing property division and financial support matters in military family law cases.
• Complex jurisdictional issues – Military families may have connections to multiple states or even international locations, which can create complex jurisdictional issues when it comes to filing for divorce or determining child custody.
• Uniformed Services Former Spouses' Protection Act (USFSPA) – The USFSPA governs the division of military retirement benefits in divorces. Compliance with this federal law requires specialized knowledge and experience in military family law.
• Emotional toll – Military family law disputes can be emotionally draining for all parties involved. Having a compassionate Norfolk attorney who understands the unique challenges military families face can provide much-needed support during this difficult time.

How to File for Divorce in the Military in Virginia?

To file for divorce in Virginia, at least one active military member in the marriage must be a resident of Virginia for at least six months. This includes whether they were stationed in Virginia for at least six months before being deployed or are currently serving on a ship whose home port is in Virginia. 

What is a Military Spouse Entitled to in a Divorce?

Military spouses are entitled to the same fair division of property as civilian spouses in a divorce. This includes assets acquired during marriage, such as real property, vehicles, bank accounts, and retirement accounts. 

Can a Military Member Be Required to Pay Child Support or Alimony While on Active Duty?

Yes, military members can be required to pay child support or alimony while on active duty. Service members are subject to the same family law obligations as civilians when it comes to financial support for their children or spouse. In fact, military regulations include additional rules that ensure family support obligations are met.

The military requires service members to provide adequate financial support to their families, even if a formal court order has not yet been issued. Each branch of the military has its own guidelines regarding the minimum amount of support a service member must provide to their spouse or children. These rules apply whether the service member is stationed domestically or overseas.

In addition to military regulations, courts will order child support or alimony based on the applicable state laws. The amount of child support is typically determined by a state's child support guidelines, which take into account factors like the service member’s income, the number of children, and the custody arrangement. For alimony, courts consider factors such as the length of the marriage, the needs of the spouse, and the ability of the service member to pay.

It’s important to note that failure to pay court-ordered child support or alimony can lead to serious consequences for military personnel, including wage garnishment, loss of security clearance, or even disciplinary action from the military. Service members facing child support or alimony issues should seek legal guidance to ensure their rights are protected and to avoid potential penalties.

Understanding these obligations is critical for military members, as family law and military regulations must both be followed to ensure compliance with support requirements.

Contact Our Military Attorney in Norfolk, Virginia, Today

At The Griffin Law Firm, PLLC, we’re proud to offer premium legal services to our fellow U.S. servicemembers throughout Norfolk and Virginia Beach. Our firm is committed to delivering superior representation to all active-duty members, reserved members, and veterans facing family law disputes in the state of Virginia. With a hard-earned reputation for providing dynamic and effective advocacy for military servicemembers and their loved ones, you can count on us to advocate aggressively on your behalf from start to finish, helping you and your loved ones achieve the resolution you deserve by guiding your steps with sound counsel, honesty, and care. Our Norfolk military attorneys charge for our family law consultations, and counsel will provide the consult fee.

Are you preparing for a military divorce or custody case in Norfolk, Virginia? Call (888) 707-4282 to schedule a consultation with an accomplished Norfolk military family law lawyer.