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Military Divorce in Virginia

Between the Pentagon, Fort Lee, Oceana NAS, the Naval installation in Norfolk, Fort Belvoir, Fort A.P. Hill, Camp Perry (OK, you get the picture) there is no doubt that Virginia is a large military state and with it tens of thousands of military families. A divorce in Virginia where one party is active duty military or retired creates it's own set of issues and you need an attorney who is well versed in complications of divorce.

The first is jurisdiction. You can obtain a divorce in Virginia if you or your spouse has lived in Virginia for more than six months OR one party is stationed in Virginia.

Second issue is the potential issues for the military retirement which is governed by the USFSPA (Uniformed Services Former Spouses' Protection Act). It is it's own animal and your attorney must have knowledge with the Uniformed Services Former Spouses' Protection Act and whether military benefits will be administered by Defense Finance and Accounting Service.

The third issue is compliance with the Soldier's and Sailor's Civil Relief Act. Simply put, an active duty military member can't be sued when they are half way around the world. Thankfully, there is a waiver the servicemember can sign so that the process can be pushed through just as if it were uncontested.


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