In this blog post, we’ll discuss the unique challenges of a Military Divorce in Fredericksburg and the special considerations under Virginia law.
Key Differences in Military Divorce:
- Servicemembers Civil Relief Act (SCRA): Protects active-duty service members during divorce proceedings (50 U.S.C. § 3931).
- Virginia Military Parents Equal Protection Act (VMPEPA): Ensures military service doesn’t negatively impact parental rights (Va. Code Ann. § 20-124.7).
Division of Military Retirement Pay:
- Governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA) (10 U.S.C. § 1408).
- Virginia courts apply equitable distribution principles (Va. Code Ann. § 20-107.3).
- The “10/10 Rule” affects direct payments to the non-military spouse.
Child Custody & Support:
- Virginia courts prioritize the child’s best interests (Va. Code Ann. § 20-124.2).
- Special considerations include deployment, relocation, or other military factors.
- Housing allowance and benefits may impact child support calculations (Va. Code Ann. § 20-108.2).
Importance of Legal Representation:
- Expertise in Virginia law and military regulations is crucial.
- At Shawna L. Stevens PLLC, we offer compassionate and personalized legal representation.
Facing a military divorce? Our team is here to guide and support you. Contact us today to schedule a consultation.