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Norfolk Military Divorce Lawyer | SRIS, P.C.
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Military Divorce lawyer in Norfolk, VA. Law Offices Of SRIS, P.C. — 120+ years combined experience. Consultation by appointment. (888) 437-7747.
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Norfolk Military Divorce Lawyer — Protecting Your Rights and Benefits
A Norfolk military divorce involves unique rules under the Uniformed Services Former Spouses Protection Act (USFSPA) and Va. Code § 20-107.3. Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide. A Norfolk Military Divorce Lawyer Virginia can help protect your military pension and benefits.
Last verified: April 2026 | Norfolk Circuit Court | Va. Code § 20-107.3 (official Virginia General Assembly)
A military divorce in Norfolk, Virginia, involves the division of military retirement pay under the Uniformed Services Former Spouses Protection Act (USFSPA), 10 U.S.C. § 1408. Virginia is an equitable distribution state under Va. Code § 20-107.3, meaning marital property — including military pensions — is divided fairly, not necessarily 50/50. A Norfolk Military Divorce Lawyer Virginia understands how federal law interacts with Virginia state law to protect your interests. The service member divorce lawyer Virginia must address both state and federal regulations. A military spouse divorce lawyer Virginia can help ensure you receive your fair share of benefits.
For the official text of the equitable distribution statute, see Va. Code § 20-107.3 (official Virginia General Assembly). For Norfolk Circuit Court procedures, visit the Norfolk Circuit Court website.
In Norfolk Circuit Court, military divorce cases require careful coordination between state court proceedings and federal military regulations. The court must determine the “disposable retired pay” subject to division under USFSPA.
- Step 1: File a complaint for divorce in Norfolk Circuit Court, citing grounds under Va. Code § 20-91.
- Step 2: Serve the military member under the Servicemembers Civil Relief Act (SCRA) — special rules apply for service members on active duty.
- Step 3: Request financial disclosure including the member’s Leave and Earnings Statement (LES) and DFAS retirement calculation.
- Step 4: Negotiate or litigate the division of military retirement pay, including any disability pay or VA compensation.
- Step 5: Obtain a court order for direct payment from DFAS if the marriage lasted 10+ years overlapping with military service.
- Step 6: Finalize the divorce decree and ensure the SBP election is made within one year of the divorce.
In Norfolk, military divorce involves the division of military retirement pay, which can represent a significant marital asset. The court applies equitable distribution factors under Va. Code § 20-107.3.
| Issue | Legal Standard | Impact on Military Member | Impact on Spouse | Key Statute | Additional Considerations |
|---|---|---|---|---|---|
| Military Pension Division | Equitable distribution | Loss of portion of retirement pay | Potential share of retirement pay | 10 U.S.C. § 1408 | 10/10 rule for direct DFAS payment |
| Survivor Benefit Plan (SBP) | Court order required | Reduced retirement pay for premium | Continued benefits after member’s death | 10 U.S.C. § 1447 | Election must be made within 1 year |
| Child Support | Virginia guidelines | Based on BAH and base pay | Based on income | Va. Code § 20-108.1 | BAH is included in gross income |
| Spousal Support | 13 statutory factors | Potential monthly obligation | Potential monthly payment | Va. Code § 20-107.1 | Can be modified upon change in circumstances |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has documented 4,739+ case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division in Virginia divorces — including military pension division. This achievement provides a unique advantage for Norfolk military divorce clients.
Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C., with a 93%+ favorable outcome rate. These results span all practice areas including family law, military divorce, and equitable distribution matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our Norfolk Location: Our Richmond Location serves clients at Norfolk Circuit Court (150 St. Paul’s Boulevard, Norfolk, VA 23510). The court is accessible via I-264 and I-64.
Near Me: Military divorce lawyer near Norfolk Naval Station.
Neighborhoods Served: Norfolk, Virginia Beach, Chesapeake, Portsmouth, Suffolk, Hampton, Newport News.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
By appointment only.
Can a Norfolk Military Divorce Lawyer Virginia help me keep my military pension?
Yes. A Norfolk Military Divorce Lawyer Virginia can help protect your military pension through proper valuation and negotiation under Va. Code § 20-107.3 and USFSPA.
Under Virginia’s equitable distribution law, military pensions are marital property subject to division. Your attorney can argue for a smaller share based on the 13 statutory factors, including the length of the marriage and each spouse’s contributions.
How is military retirement pay divided in a Norfolk divorce?
It depends. Military retirement pay is divided under the USFSPA using the “time rule” formula: years of marriage during service divided by total years of service.
The court applies this formula to determine the marital portion of the pension. If the marriage lasted 10+ years overlapping with military service, DFAS can make direct payments to the former spouse.
What is the 10/10 rule in military divorce?
10 years. The 10/10 rule requires the marriage to overlap with military service for at least 10 years for DFAS to make direct payments to the former spouse.
Without meeting this rule, the military member must make payments directly. The court can still award a share of the pension, but enforcement is more difficult.
Can a service member divorce lawyer Virginia help with SCRA protections?
Yes. A service member divorce lawyer Virginia can help active duty members request a stay of proceedings under the Servicemembers Civil Relief Act (SCRA).
The SCRA allows service members to delay court proceedings if their military duties materially affect their ability to participate. This protects members from default judgments while deployed.
What happens to military benefits after a Norfolk divorce?
It depends. The former spouse may retain certain benefits under the 20/20/20 rule: 20 years of marriage, 20 years of service, overlapping for 20 years.
Benefits include continued access to military bases, commissary privileges, and Tricare health coverage. The Survivor Benefit Plan (SBP) can provide continued income after the member’s death.
How does a military spouse divorce lawyer Virginia handle child support?
It depends. A military spouse divorce lawyer Virginia calculates child support using Virginia guidelines, which include Basic Allowance for Housing (BAH) as income.
The court considers the service member’s base pay, BAH, and any special pay. Child support can be modified upon a change in duty station or deployment status.
Related Pages:
- Virginia Family Law Lawyer — Statewide family law hub page.
- Henrico County Divorce Lawyer — Sibling locality page.
- Chesterfield County Divorce Lawyer — Sibling locality page.
- Norfolk Reckless Driving Lawyer — Related practice area in same locality.
- Norfolk Domestic Violence Lawyer — Related practice area in same locality.
- Our Attorneys — Attorney profile page.
- Richmond Office — Location landing page.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.