Virginia Military Wives Guide to Divorce

by Sheera Herrell, Lori Michaud and Katherine Wilcox Carter

Where should I go to get up to date, Virginia specific information about military divorce?

Military and civilian divorce aren’t all that different—but there are enough military specific entitlements.

You’ll want to make sure you’re familiar, ahead of time, with how they’ll be divided in divorce. You probably have all sorts of questions, like:

  • What happens to the pension and SBP?
  • Does BAH count as income for child and spousal support purposes? What about hazardous duty pay and other “extra” incentive pay?
  • Do Virginia or military support guidelines apply?
  • If I can’t afford an attorney, will JAG or military legal work with me?
  • How is custody and visitation decided if one or both parents are active-duty military?

Divorce is complicated, and military divorce involves a whole host of unique issues.  Whether you or your spouse are active duty or retired military, you’ll want to make sure that you know what, exactly, there is to divide – from the BAH to the SBP and GI Bill and more.  It may feel especially confusing because so many military sources act like they have information that can help in your divorce case, but then you hear that Virginia – if that’s the last place you’ve lived together as husband and wife or you are currently stationed here – may have “jurisdiction” over your case, even if you own property elsewhere, one of you is now stationed overseas, or you have other complex issues involved in your case.  There’s a lot you need to know to make the best choices for you and your family.

What do Virginia women need to know about military divorce cases?

There’s a lot of information out there, but it’s hard to tell what you can trust from what’s just junk. And you need to know--there's an awful lot at stake in a military divorce case! You want to make sure you have the most up to date, Virginia specific information possible—and that’s exactly what we can provide.

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From our attorneys you’ll learn:

How SBP, TSP, BAH, and other military specific things are handled in your divorce.

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From our attorneys you’ll learn:

How law like the Servicemembers Civil Relief Act and the Post-911 GI Bill can affect your divorce

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From our attorneys you’ll learn:

What financial documents you’ll need (like that LES statement)

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From our attorneys you’ll learn:

How property is divided

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From our attorneys you’ll learn:

How custody and visitation are handled (especially in cases where there may be a deployment or a change in permanent duty station)

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From our attorneys you’ll learn:

Step by step information about how military divorce in Virginia is handled

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From our attorneys you’ll learn:

What happens to your military health insurance and other benefits

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From our attorneys, you’ll learn:

How military pensions are divided in Virginia (and whether you’ll get any)

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For more information, to register for an upcoming divorce seminar, or to schedule an appointment with one of our attorneys, give our office a call at (757) 210-9870.