In Henrico County, Virginia, an armed forces divorce involves unique federal protections under the Servicemembers Civil Relief Act (SCRA) and state law under Va. Code § 20-91. Law Offices Of SRIS, P.C. has 21 documented case results in Henrico County. An Armed Forces Divorce Lawyer Henrico County can help you understand your rights regarding deployment, residency, and pension division.
Last verified: April 2026 | Henrico County General District Court | Va. Code § 20-91 (official Virginia General Assembly)
Virginia law governs divorce for military members under Va. Code § 20-91, which provides grounds for divorce including no-fault after a 6-month or 1-year separation. For service members, the SCRA may delay proceedings during active duty. An Armed Forces Divorce Lawyer Henrico County understands how these laws interact with federal protections. Mr. Sris, founder of Law Offices Of SRIS, P.C. since 1997, personally amended Va. Code § 20-107.3, the equitable distribution statute, which directly impacts how military pensions and benefits are divided in a divorce.
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- Determine your eligibility for SCRA protections — you must be on active duty and unable to appear in court.
- File a motion for a stay of proceedings under the SCRA if you are deployed and cannot attend hearings.
- Identify all military benefits subject to division, including the Thrift Savings Plan (TSP) and pension.
- Calculate the marital portion of your military pension using the “time in service during marriage” formula.
- Draft a property settlement agreement that complies with both Virginia law and USFSPA requirements.
- File the final decree at Henrico County Circuit Court, located at 4301 East Parham Road.
In Henrico County, an armed forces divorce involves division of military pensions under the USFSPA, child support under Virginia guidelines, and spousal support based on 13 statutory factors.
| Issue | Classification | Key Consideration | Impact |
|---|---|---|---|
| Military Pension Division | Marital Property | USFSPA applies | State court can divide disposable retired pay |
| SCRA Stay | Procedural Protection | Active duty required | Can delay proceedings up to 90 days |
| Child Support | Virginia Guidelines | BAH included in income | Basic Allowance for Housing counts as income |
| Spousal Support | 13 Factors | Military pay stability | Long-term career may support higher award |
Results may vary. Prior results do not guarantee a similar outcome.
Samantha Rae Powers — Of Counsel. VA Bar 2023 | FL Bar 2005 | J.D./M.A. University of Florida 2005 | Ph.D. Communication UCSB 2017. 18+ years experience. Handles complex family law matters including military divorce.
Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas in Henrico County, with a 100% favorable outcome rate. Firm-wide, we have achieved 4,739+ case results with a 93%+ favorable outcome rate 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 how military pensions and other marital assets are divided in Virginia divorces.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location is accessible via I-64, I-95, and I-295, serving clients at Henrico County courts (4301 East Parham Road). We serve Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville (partial).
An Armed Forces Divorce Lawyer Henrico County near you can help with military-specific divorce issues.
Frequently Asked Questions About Armed Forces Divorce in Henrico County
Can the SCRA stop my divorce while I am deployed?
Yes. The Servicemembers Civil Relief Act allows you to request a stay of proceedings if you are on active duty and unable to appear. The court must grant at least a 90-day stay upon proper application. An Armed Forces Divorce Lawyer Henrico County can file this motion for you.
How is my military pension divided in a Henrico County divorce?
It depends. Under the USFSPA, Virginia courts can divide disposable retired pay as marital property. The marital portion is calculated based on the number of years of marriage during your military service. Mr. Sris personally amended Va. Code § 20-107.3, which governs this division.
Is Basic Allowance for Housing (BAH) included in child support calculations?
Yes. BAH is considered gross income for Virginia child support guidelines. This can significantly increase the support obligation. A service member dissolution lawyer Henrico County can help you accurately calculate income and ensure BAH is properly accounted for.
Do I need to be a Virginia resident to file for divorce in Henrico County?
Yes. Virginia requires at least 6 months of residency before filing. For military members stationed in Virginia, your presence at a duty station satisfies this requirement. A military member divorce lawyer Henrico County can verify your residency status.
Can my spouse get my TRICARE benefits after divorce?
It depends. Under the 20/20/20 rule, a former spouse may retain TRICARE coverage if the marriage lasted at least 20 years, the service member served at least 20 years, and the marriage overlapped the service by at least 20 years. Otherwise, coverage ends upon divorce.
What happens to child custody if I am deployed?
Virginia law allows for temporary custody arrangements during deployment. You can designate a family member to have temporary custody. The court must enter a custody order that preserves your parental rights upon return. An Armed Forces Divorce Lawyer Henrico County can help draft this agreement.
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Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.