Family Law Services
Military Divorce Lawyer in Fredericksburg, Virginia
Military divorce involves federal law, military-specific benefits, and procedural requirements that go well beyond a standard Virginia divorce. Dividing a military pension, handling TSP accounts, protecting Survivor Benefit Plan elections, and addressing deployment in a parenting plan all require specific knowledge. Shawna L. Stevens PLLC — Shawna is a female family law attorney who represents service members and military spouses at Marine Corps Base Quantico, Naval Support Facility Dahlgren, and throughout the Fredericksburg region.
Serving Fredericksburg (22401, 22405, 22406), Stafford County, Spotsylvania County, King George County, Caroline County, Quantico, and NSF Dahlgren.
Shawna L. Stevens
Family Law Attorney, Fredericksburg VA
Military Divorce Issues We Handle
Military divorce involves federal statutes and benefit structures that require careful attention from the first consultation. Getting these issues wrong, or missing a deadline, can have lasting financial consequences. For a complete overview of what is involved, see our Virginia military divorce complete guide.
Military Pension Division (USFSPA)
Under the Uniformed Services Former Spouses' Protection Act, Virginia courts may treat military retired pay as marital property subject to equitable distribution. A former spouse may receive direct payment from DFAS if the marriage overlapped with at least 10 years of creditable military service, known as the 10/10 rule. We draft the required court orders and ensure proper DFAS submission. See our property division page for more on how retirement assets are handled in Virginia divorces.
Thrift Savings Plan (TSP) Division
The TSP is a federal retirement savings account held by many service members at Quantico and Dahlgren. Dividing a TSP in divorce requires a Retirement Benefits Court Order, not a standard QDRO. Errors in the order format or submission can result in rejection. We prepare compliant RBCOs to protect your share. See our post on protecting your TSP and pension in a Quantico or Dahlgren divorce.
Survivor Benefit Plan (SBP) Elections
The SBP provides a monthly annuity to a designated beneficiary after the service member's death. In a military divorce, a former spouse can be named as an SBP beneficiary, but the deadline to make this election is strict and must be addressed directly in the divorce decree. Missing the window can permanently eliminate coverage. We ensure SBP language is included correctly in every military divorce order.
BAH and BAS in Support Calculations
Basic Allowance for Housing and Basic Allowance for Subsistence are military allowances that Virginia courts consider as income when calculating child support and spousal support. Correctly accounting for these allowances is essential to accurate support calculations for military families.
Deployment and Custody Arrangements
Deployment creates custody challenges that standard parenting plans do not anticipate. We help military parents build parenting plans that address deployment schedules, virtual visitation, designation of a care provider during deployment, and custody rights upon return from service. See our child custody page for more on parenting plans in Virginia.
Servicemembers Civil Relief Act (SCRA)
The SCRA provides protections for active duty service members in civil proceedings, including the ability to request a stay of divorce proceedings during deployment. We advise both service members and their spouses on SCRA rights and obligations to ensure the process proceeds properly.
Security Clearance Awareness
A contentious divorce can create issues that affect a service member's security clearance. Financial problems, allegations of misconduct, or foreign contacts can all trigger a review. We handle military divorces with strategic awareness of how contested proceedings can affect clearance status. See our post on security clearance considerations in Quantico and Dahlgren divorces.
TRICARE and Military Benefits After Divorce
Former spouses may be eligible to continue TRICARE coverage under the 20/20/20 rule: 20 years of marriage, 20 years of service, and 20 years of overlap. We help clients understand what benefits continue after divorce and what steps must be taken to preserve eligibility.
Jurisdiction and Residency in Military Divorce
One of the first issues in any military divorce is where to file. Military families move frequently, and determining which state has jurisdiction is not always straightforward. Virginia has jurisdiction when either spouse is domiciled in Virginia or when the service member is stationed here. For families at Quantico and Dahlgren, Virginia is typically the right forum, but the analysis matters. See our post on Virginia residency and jurisdiction rules for Quantico military divorces.
The process from there largely follows Virginia divorce law, with the additional federal layer that military benefits introduce. Our divorce page covers the Virginia divorce process in detail.
Common Mistakes Military Families Make
Military divorce has more technical traps than civilian divorce. Missed deadlines, incorrect order language, and misunderstanding of federal benefit rules are the most common. Our post on 11 critical traps to avoid in a Quantico military divorce covers the most costly mistakes in detail. For Stafford County families specifically, see our post on military divorce guidance for Stafford, Virginia families.
Local Court Experience for Military Families
Military divorce cases in the Fredericksburg region are heard in Stafford County Circuit Court, the Circuit Court of the City of Fredericksburg, Spotsylvania County Circuit Court, and the courts in King George and Caroline counties depending on where the parties reside. Shawna has practiced in all of these courts for over 20 years and understands how local judges approach military benefit issues and deployment-related custody matters.
Questions We Hear Often
Can a Virginia court divide a military pension?
Yes. Under USFSPA, Virginia courts may treat military retired pay as marital property subject to equitable distribution. A former spouse can receive direct payment from DFAS if the 10/10 rule is met. The court order must comply with specific DFAS requirements.
What is the 10/10 rule?
The 10/10 rule means the marriage lasted at least 10 years and overlapped with at least 10 years of creditable military service. Meeting this threshold allows DFAS to pay the former spouse's share directly rather than requiring the service member to forward payments.
How is the TSP divided in a military divorce?
The TSP requires a Retirement Benefits Court Order, not a QDRO. The RBCO must meet TSP record keeper requirements. An improperly drafted order will be rejected, which can delay or eliminate the former spouse's share.
Can a service member delay divorce proceedings due to deployment?
Yes. The SCRA allows an active duty service member to request a stay of civil proceedings, including divorce, during deployment. The stay can last for the duration of service plus 60 days. Courts have discretion to extend it further.
Does BAH count as income for child support in Virginia?
Yes. Virginia courts treat BAH and BAS as income when applying the child support guidelines under Virginia Code § 20-108.2. Failing to include these allowances in the income calculation produces an inaccurate support number.
Will divorce affect a service member's security clearance?
It can. Financial problems, certain allegations, or foreign contacts that surface during a contentious divorce can trigger a clearance review. The risk is not automatic but is real enough to factor into how the case is handled.
Can a former spouse keep TRICARE after divorce?
Under the 20/20/20 rule, a former spouse who was married for 20 years, to a service member with 20 years of creditable service, with 20 years of overlap, may be eligible for continued TRICARE coverage. Partial overlap situations have more limited options.
Serving Fredericksburg and the Surrounding Region
Shawna L. Stevens PLLC represents clients throughout Northern Virginia, including Fredericksburg city (22401, 22405, 22406, 22407, 22408), Stafford County, Spotsylvania County, King George County, Caroline County, Orange County, and Westmoreland County. We also serve military families near Marine Corps Base Quantico, Naval Support Facility Dahlgren, and Fort Belvoir.
Stafford County
Family law representation at the Stafford County Circuit Court — divorce, custody, support, and property division.
Spotsylvania County
Family law representation at the Spotsylvania County Circuit Court — divorce, custody, support, and property division.
King George County
Family law representation at the King George County Circuit Court — divorce, custody, support, and property division.
Caroline County
Family law representation at the Caroline County Circuit Court — divorce, custody, support, and property division.
Orange County
Family law representation at the Orange County Circuit Court in Montross — divorce, custody, support, and property division.
Westmoreland County
Family law representation at the Westmoreland County Circuit Court in Montross — divorce, custody, support, and property division.
Talk to a Military Divorce Lawyer in Fredericksburg
If you are a service member or military spouse facing divorce in the Fredericksburg area, contact Shawna L. Stevens PLLC to schedule a confidential consultation. We represent clients at Quantico, NSF Dahlgren, and throughout the surrounding counties.
Fees are discussed directly at your consultation and are based on the specifics of your case.
Phone: (540) 310-4088
Email: [email protected]
Address: 307 Lafayette Blvd, Suite 200, Fredericksburg, VA 22401
Related: Divorce • Child Custody • Child Support • Spousal Support • Property Division • Uncontested Divorce