Experienced Military Divorce Attorney In Virginia Beach
The military divorce lawyers at The Stallings Law Group, P.C. represent civilian spouses and military members in divorces throughout the state of Virginia. We know what laws apply to members of the Army, Navy, Marines, Air Force, Coast Guard, National Guard and Reserve. We understand that the issues and problems that arise in a military divorce are very different from the conflicts in a civilian divorce, and we believe that working with a military divorce lawyer serving Virginia Beach, Hampton Roads and Suffolk, VA., and who is knowledgeable about military matters can make all the difference to the final resolution of your case.
For reference purposes only, we point out some procedural differences between a military divorce and civilian divorce below. While we hope you find these facts informative, please contact our Hampton Roads military divorce attorney for legal advice that specifically references your case.
Service of process: Serving the complaint and summons on an active-duty military spouse who is stationed out of state or deployed abroad may be problematic. You may need your military spouse to sign and file an affidavit waiving the service of process. A Suffolk military divorce attorney at The Stallings Law Group, P.C. can help you accomplish this task, if needed.
Residency requirement: A circuit court in Virginia has jurisdiction to preside over a military divorce only if either (a) you or your former spouse has been domiciled, stationed or home-ported in the Commonwealth of Virginia during the six months immediately preceding the initiation of the divorce; or (b) you or your former spouse has been deployed to a foreign country and the military spouse was domiciled in the Commonwealth of Virginia during the six months immediately preceding the overseas mission.
Postponement of divorce proceedings: While on active duty, a military member may file for a stay — a postponement — from an impending civil court proceeding. If a default judgment is entered against the serviceperson while he or she is on active duty, that serviceperson has 60 days from the date of being released or relieved from active military duty to apply for the vacation — revocation — of the default judgment. These legal options could delay the finality of the divorce. For more information, talk to a divorce attorney at The Stallings Law Group, P.C. who serves Virginia Beach, Hampton Roads and Suffolk, VA.
There are also other retirement benefits that may apply to you, such as the Thrift savings plan, the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS). An Virginia Beach military divorce attorney at The Stallings Law Group, P.C. can explain them to you in detail.
Child custody and flexible visitation: As a member of a military family, you have probably experienced first-hand how difficult it is to balance family with career. It may not always be clear if a tour of duty will be renewed, and if so, where the family will be stationed. Getting to spend time with children may be difficult when a parent has been deployed to a war zone or a foreign country. Under these conditions, divorcing spouses may need to be more understanding of each other’s schedules so that children can spend time with both their parents. Our military divorce attorneys in Virginia Beach make it a priority to work with couples on flexible arrangements for shared custody if our clients desire to share equally in the upbringing of the children.
Post-divorce health benefits: Our attorneys are familiar with the health benefits available to non-military spouses. Please contact us for more information about our services related to TRICARE, the Defense Enrollment Eligibility Reporting System (DEERS) and the Continued Health Care Benefits Program (CHCBP).
Experienced military divorce attorneys in Hampton Roads, Virginia Beach and Suffolk, VA.
At The Stallings Law Group, P.C., our divorce lawyers serving have a thorough understanding of military divorce law. Please call 757-422-4700 or contact us online if you are interested in scheduling a free initial consultation.