A military divorce is one in which one or both spouses are active duty, reserve or retired members of the U.S. Armed Forces. Such divorces arise frequently in Virginia, which has one of the nation’s largest military populations, including the Navy, Army, Air Force, Marines and Coast Guard. What makes these cases distinctive is that they are governed by both Virginia law and federal law. These laws affect where the case can be filed (jurisdiction), military-specific residency considerations, federal protections against default judgments and specialized rules for dividing military retirement benefits.

Military divorce is complex and requires guidance from a knowledgeable advocate. Depending on the circumstances, a military family may have multiple filing options — such as the state of legal domicile, the duty station or the civilian spouse’s residence. To file for divorce in Virginia, a spouse must be a Virginia resident or the service member must have been stationed in Virginia for at least six months before filing. There is an important exception: a service member assigned abroad may be able to file here if they maintain Virginia as their legal domicile. 

Procedural aspects of divorce can also be more complicated when an active duty spouse is involved. Service of process on a military installation may require coordination with the command or base procedures and deployments or training cycles can extend timelines. The federal Servicemembers Civil Relief Act (SCRA) provides important protections, including limits on default judgments and the ability of a service member to request delays when military duties materially affect their ability to participate. 

Virginia allows both fault and no-fault grounds for divorce. No-fault divorce typically requires one year of separation or six months if there are no minor children and the parties have a signed separation agreement. Fault grounds include desertion. However, deployments, TDY assignments or relocations do not automatically amount to desertion under Virginia law.

Military retirement benefits are often central issues. The Uniformed Services Former Spouses’ Protection Act (USFSPA) sets rules for dividing military retirement pay. The “10/10 rule” affects whether DFAS can pay a former spouse directly (10 years of marriage overlapping 10 years of service), but it does not control whether retirement can be divided. Thrift Savings Plan accounts are typically handled like civilian 401(k)s. Survivor Benefit Plan election language may require precise court orders. Healthcare and base privileges may depend on marriage/service overlap under the 20/20/20 and 20/20/15 rules.

Custody and support are also implicated by spouse’s military status. Parenting plans should address deployment-related temporary custody. A Permanent Change of Station (PCS) order, which requires a servicemember to relocate, can trigger disputes, though Virginia’s best-interests-of-the-child standard still governs. In determining award of support, courts consider the service member’s full pay structure, including Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS) and special pays. Branch regulations may also impose interim support duties before a court order. 

Harding, Harding & Harding Attorneys at Law, PLC advises Virginia residents on all aspects of divorce, including divorces involving servicemembers. We are located in Virginia Beach, Chesapeake and Norfolk. For a free consultation, call 757-499-2600 or contact us online.