Military Divorce Lawyer Arlington County — What Are Your Rights?
A Military Divorce Lawyer Arlington County handles the unique legal issues of service member divorces under the Uniformed Services Former Spouses Protection Act. Law Offices Of SRIS, P.C. has 115 documented case results in Arlington County. Mr. Sris personally amended Va. Code § 20-107.3 (equitable distribution).
Understanding Military Divorce in Arlington County
Last verified: April 2026 | Arlington County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
Military divorce in Virginia involves the division of military retirement pay, which is governed by the Uniformed Services Former Spouses Protection Act (USFSPA). Under Va. Code § 20-107.3, the court considers military benefits as marital property subject to equitable distribution. The 10/10 rule under USFSPA allows direct payment of retired pay to a former spouse if the marriage lasted at least 10 years overlapping with 10 years of creditable military service. A Military Divorce Lawyer Arlington County understands these federal-state intersections.
For military divorce specifically, the primary statute is Va. Code § 20-107.3 (equitable distribution), which Mr. Sris personally amended. Military retirement pay is treated as marital property under this statute, subject to division by the Arlington County Circuit Court. The USFSPA (10 U.S.C. § 1408) provides the federal framework for direct payment of retired pay to former spouses.
Official Resources for Military Divorce in Virginia
Review the official statutes and court resources for military divorce in Arlington County:
- Va. Code § 20-107.3 (Equitable Distribution) — Official Virginia General Assembly
- Arlington County General District Court — Official Court Website
Insider Procedural Edge for Military Divorce in Arlington County
Arlington County Circuit Court handles all divorce and equitable distribution matters. For military divorces, the court must determine whether military retirement pay is divisible under USFSPA. The 10/10 rule is critical: if the marriage lasted 10 years or more overlapping with 10 years of military service, the former spouse can receive direct payments from DFAS.
A service member divorce lawyer Arlington County must also address the Servicemembers Civil Relief Act (SCRA), which can delay proceedings when the service member is on active duty. The court typically requires a military affidavit (DD Form 2293) to document service status.
- File a complaint for divorce at Arlington County Circuit Court (1425 N. Courthouse Rd, Suite 2400).
- Serve the military member with process — SCRA may require special service rules if deployed.
- Obtain a military affidavit (DD Form 2293) to verify service status and pay.
- Calculate the marital portion of military retirement using the coverture fraction.
- Negotiate or litigate equitable distribution of military benefits and other assets.
- Obtain a final decree of divorce with a DFAS-acceptable order for direct payment.
In Arlington County, military divorce involves equitable distribution of military retirement pay under Va. Code § 20-107.3, with no fixed penalty but significant financial consequences.
| Issue | Classification | Division Method | Financial Impact | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Military Retirement Pay | Marital Property | Coverture Fraction | Up to 50% of disposable retired pay | None | Tax implications; survivor benefit plan election |
| SCRA Stay | Procedural | Automatic upon request | Delays case 90+ days | None | Must show active duty materially affects ability to participate |
| Child Support (Military) | Guidelines Apply | VA Guidelines + BAH | Based on combined income + housing allowance | None | BAH is included in gross income for support |
Results may vary. Prior results do not guarantee a similar outcome.
Why Law Offices Of SRIS, P.C. Handles Military Divorce in Arlington County
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. has over 120 years of combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs division of military retirement pay in Virginia. The firm has 115 documented case results in Arlington County across all practice areas, with a 100% favorable outcome rate. A Military Divorce Lawyer Arlington County from SRIS, P.C. brings this depth of experience to every military divorce case.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results in Arlington County
Law Offices Of SRIS, P.C. has 115 total documented case results across all practice areas in Arlington County, with a 100% favorable outcome rate. These results include dismissals, nolle prosequi dispositions, and favorable settlements in family law and domestic relations matters.
Results may vary. Prior results do not guarantee a similar outcome.
Our Arlington Location
Our Arlington location is near the Arlington County Courthouse, accessible via I-395 and Route 50.
Military divorce lawyer near Arlington County — serving Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only.
Frequently Asked Questions About Military Divorce in Arlington County
Can a military spouse get a divorce in Arlington County while the service member is deployed?
Yes. The Servicemembers Civil Relief Act (SCRA) allows the court to delay proceedings, but you can still file. The court will appoint counsel for the service member if needed. A Military Divorce Lawyer Arlington County can file the complaint and request a stay under SCRA.
How is military retirement pay divided in an Arlington County divorce?
It depends. Under Va. Code § 20-107.3, military retirement pay is marital property subject to equitable distribution. The court applies the coverture fraction — dividing only the portion earned during the marriage. Direct payment from DFAS requires the 10/10 rule.
Is Virginia a community property state for military divorce?
No. Virginia is an equitable distribution state. The court divides marital property fairly, not necessarily 50/50. Military retirement pay is divided based on 11 factors under Va. Code § 20-107.3, which Mr. Sris personally amended.
What is the 10/10 rule for military divorce?
The 10/10 rule under USFSPA allows direct payment of military retired pay to a former spouse if the marriage lasted at least 10 years overlapping with 10 years of creditable military service. Without it, the service member must make payments directly.
How long does a military divorce take in Arlington County?
Uncontested: 2-4 months. Contested: 9-18 months. SCRA stays can add 90+ days. The court requires a 6-month separation (no minor children) or 1-year separation (with minor children) before filing no-fault. Arlington County Circuit Court handles all divorces.
Does a military spouse get health insurance after divorce?
It depends. Under the 20/20/20 rule, a former spouse retains TRICARE benefits if the marriage lasted 20 years overlapping with 20 years of military service. The 20/20/15 rule provides 1 year of transitional coverage. A military spouse divorce lawyer Arlington County can explain your options.
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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.