Norfolk Military Divorce Lawyer Virginia Beach, VA
For military families stationed at Naval Station Norfolk, Joint Expeditionary Base Little Creek–Fort Story, or Naval Air Station Oceana, divorce raises legal questions that civilian families rarely encounter — from dividing military pensions under the Uniformed Services Former Spouses’ Protection Act to addressing deployment-related custody schedules. Mr. Sris and his Of Counsel represent service members and military spouses in Virginia Beach, Norfolk, and the surrounding Hampton Roads communities. With over 120 years of combined legal experience between Mr. Sris and his Of Counsel, and 4,739+ documented firm-wide results, the firm concentrates in family law matters involving military retirement division, spousal support, child custody, and equitable distribution. Results may vary. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Military Divorce Means in Virginia Beach
Serving in the armed forces while living in Virginia Beach introduces specific procedural and jurisdictional considerations in a divorce. Virginia Circuit Courts hold exclusive original jurisdiction over divorce cases, and Virginia Beach Circuit Court — located at 2425 Nimmo Parkway — is the court that decides equitable distribution, spousal support, and the divorce itself for residents of Virginia Beach and the surrounding military installations. Meanwhile, the Virginia Beach Juvenile and Domestic Relations District Court addresses custody, visitation, and child support matters that arise during or after a divorce. For military families, the Servicemembers Civil Relief Act (SCRA) may also affect case timelines if a service member is deployed or on active duty, allowing stays of proceedings under certain circumstances.
Virginia is an equitable distribution state, not a community property state. The court classifies property as marital, separate, or hybrid, then divides the marital estate fairly — not necessarily equally — after weighing eleven statutory factors. Military pensions, Thrift Savings Plan accounts, and survivor benefits are often the most significant assets in a military divorce, and the division of these benefits must comply with both state law and federal regulations, including the requirement for a court order acceptable for processing by the Defense Finance and Accounting Service. Child custody decisions are made according to the ten best-interest factors in Va. Code § 20-124.3, with the court often considering the realities of military life, such as frequent relocations and irregular schedules.
requires the court to consider eleven statutory factors when dividing marital property, including the duration of the marriage, each spouse’s contributions, and the tax consequences of the division.
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
In Virginia, a no-fault divorce may be granted after a six‑month separation if there are no minor children and the parties have signed a separation agreement, or after a one‑year separation in other cases, under Va. Code § 20-91(9).
Source: Va. Code § 20-91. Va. Code § 20-91
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Military Divorce Cases
Mr. Sris and his Of Counsel review the complete financial picture early — identifying the marital portion of military retired pay, determining whether the 10/10 rule (for direct payment from DFAS) applies, and evaluating the impact of disability pay on the divisible pension. The firm works to negotiate a property settlement agreement that addresses each statutory factor and, when litigation is necessary, presents a case that acknowledges the unique demands of military service while safeguarding the client’s financial future. Throughout the process, the team stays mindful of SCRA protections, chain-of-command sensitivities, and the service member’s career obligations.
Child custody and support arrangements in military families demand particular attention. Mr. Sris and his Of Counsel help parents craft parenting plans that account for deployment cycles, PCS moves, and the need for flexible communication. When disputes arise, the team advocates in the Virginia Beach Juvenile and Domestic Relations Court, presenting evidence tied to the trusted-interest factors and addressing the practical realities of military life. Because Virginia child support guidelines are based on combined gross income, the firm also ensures that all sources of military compensation — base pay, BAH, BAS, and special pays — are accurately calculated.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have 4,739+ documented firm-wide results. Results may vary.
The firm’s Of Counsel team includes attorneys with thorough knowledge of military family law matters and extensive experience in Virginia courts. Collectively, they have documented thousands of case results and focus on achieving favorable outcomes through careful preparation and thorough knowledge of the applicable statutes. To request a consultation about how the firm handles military divorce, contact Law Offices Of SRIS, P.C. at (888) 437-7747. Appointments are available by request.
Frequently Asked Questions
How does a Virginia lawyer handle a military divorce when the service member is deployed?
A deployment does not stop a divorce, but the SCRA may allow a stay if the service member’s duties materially affect the ability to participate. Under the Servicemembers Civil Relief Act, a court can postpone proceedings for at least 90 days upon proper application. Mr. Sris and his Of Counsel have experience managing cases where one spouse is overseas, using electronic communication and, when authorized by the court, remote appearances to move the matter forward while protecting the deployed spouse’s rights.
Will my military pension be divided in a Virginia divorce?
Yes, the marital share of a military pension is subject to equitable division. Virginia treats the portion of the pension earned during the marriage as marital property. The Uniformed Services Former Spouses’ Protection Act allows state courts to divide military retired pay, though direct payment from DFAS requires the 10/10 rule (10 years of marriage overlapping 10 years of creditable service). An experienced attorney can help structure a court order acceptable for DFAS processing.
How is child custody decided when one parent is in the military?
The court uses the ten best-interest factors in Va. Code § 20-124.3, considering how military service affects the child’s stability. In Virginia Beach, custody cases involving military parents often address deployment schedules, parenting plan flexibility, and the need for virtual visitation. The court may also consider the other parent’s support for the service member’s relationship with the child. Mr. Sris and his Of Counsel work to present realistic, workable custody arrangements that accommodate military obligations.
What should I do if I am facing a military divorce in Virginia Beach?
Schedule a consultation with an attorney who knows both Virginia family law and the military-specific regulations that apply to your case. Gather key documents — LES statements, retirement point statements, deployment orders, and any existing separation agreement — and avoid discussing the case with anyone except your lawyer. The applicable statutes require careful handling, and early legal advice helps protect your rights from the start.
Can I get a divorce based on adultery if my military spouse was unfaithful?
Yes, Virginia Code § 20-91 lists adultery as a fault ground for divorce, and if proven it can eliminate the required separation period. However, adultery can also affect spousal support and the distribution of marital property if marital funds were used to further the affair. Mr. Sris and his Of Counsel evaluate whether pursuing a fault ground is advantageous and, if so, help build the necessary evidence while navigating the additional complications that military justice proceedings may raise.
How do I find a military divorce lawyer near Virginia Beach?
Look for an attorney with a combination of Virginia family law experience and familiarity with military pensions, SCRA protections, and the local Virginia Beach courts. Mr. Sris and his Of Counsel regularly appear in Virginia Beach Circuit Court and Juvenile and Domestic Relations Court and have handled divorce matters for service members and military spouses throughout Hampton Roads. To discuss your matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Explore related family law services in other Virginia communities: Fairfax County family law lawyer · Fairfax City family law lawyer · Falls Church family law lawyer · Prince William County family law lawyer · Manassas family law lawyer
Primary sources: Virginia Code Title 20 · Virginia Beach Circuit Court · Virginia Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary.
Case results depend on a variety of factors unique to each case.