BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3032
Loc: VA for 21 years, NC forever!
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Re: New to military divorce
10/27/10 09:03 AM
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elliesmom and I both live in Virginia.....she's much better at the military stuff and I've dealt extensively with the Virginia court system.
Default custody in Virginia is joint legal, usually with a primary residential placement. Since your husband is military and I assume deployable, it's entirely possible that you'll get the primary residential.
His retirement is a crap shoot. You've only been married to him for six years, I absolutely wouldn't even think it will come to the table, it normally comes into play after a ten year marriage, with the member active duty the entire time. em is right, if he simply gets out of the military, there's no retirement to talk about.
In VA you have to be separated for one year to file for divorce if you have a minor child. You'll be expected to work full time or clearly demonstrate why you cannot work full time -- what type of special needs are you dealing with with your child? How old is the child?
$400 sounds kind of low for child support at his income level as everything the military pays, including BAH and BAS are considered income for the purposes of determining child support. The extra pay, unless it's something that he gets on a continual basis usually is not counted. Things like hazardous duty, etc. isn't something that he gets all the time.
Sole custody in VA just means that you have the decision making capacity for the child and medical, school records, etc. Doesn't mean that you can withold visitation. And he will get visitation, at least the minimal standard -- EOW, alternating holidays, extra time during the summer and usually one night during the week. Without a compelling reason, that's the minimum that he'll get. Whether he TAKES it is up to him.
Cost? Hard to say. A simple uncontested, the two of you agree to everything, including child support figures/spousal support will run at a bare minimum $1000. Child support figures can be found in the Virginia Code and they come out of a book with minimal deviation. If there's a lot of attorney correspondence, disagreement on child support/spousal support, it can run greater than $5000.
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