A Military Divorce Lawyer Henrico County handles the unique details of dividing military pensions under the Uniformed Services Former Spouses Protection Act. At Law Offices Of SRIS, P.C., we have 21 documented case results in Henrico County. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute governing military benefits division.
Virginia is an equitable distribution state, meaning marital property — including military retirement pay — is divided fairly, not necessarily 50/50. Under Va. Code § 20-107.3, which Mr. Sris personally amended, the court considers 11 factors when dividing military pensions and benefits. A service member divorce lawyer Henrico County must understand how the Uniformed Services Former Spouses Protection Act interacts with Virginia law to protect your share of retirement benefits. The firm was founded in 1997 by Mr. Sris, a former prosecutor who brings unique insight to complex family law matters.
Last verified: 2026-04 | Henrico County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
For official court information, visit the Henrico County General District Court website. Review the full text of Va. Code § 20-107.3 (official Virginia General Assembly) for the equitable distribution statute.
In Henrico County Circuit Court, military divorce cases require a certified copy of the member’s DD Form 214 or statement of service. The court will divide disposable retirement pay only — not VA disability compensation. A military spouse divorce lawyer Henrico County must ensure the final decree includes specific language required by the Defense Finance and Accounting Service (DFAS) for direct payment.
- File a complaint for divorce at Henrico County Circuit Court (4301 East Parham Road).
- Serve the military member under the Servicemembers Civil Relief Act (SCRA) — this may require special procedures if the member is deployed.
- Obtain a certified copy of the member’s military retirement pay statement from DFAS.
- Draft a property settlement agreement dividing the military pension using the “formula method” or “hypothetical rank method.”
- Attend the uncontested hearing with your corroborating witness.
- Submit the final decree to DFAS for direct payment of the former spouse’s share.
In Henrico County, military divorce involves equitable distribution of retirement benefits under Va. Code § 20-107.3. The court divides marital property based on 11 statutory factors.
| Issue | Classification | Division Method | Tax Impact | Key Statute | Additional Considerations |
|---|---|---|---|---|---|
| Military Pension | Marital Property | Equitable Distribution | Taxable to recipient | Va. Code § 20-107.3 | 10/10 rule for direct DFAS payment |
| VA Disability | Separate Property | Not divisible | Tax-free | 38 U.S.C. § 5301 | Cannot be divided in divorce |
| TRICARE/Commissary | Benefit | 20/20/20 rule | N/A | 10 U.S.C. § 1072 | Requires 20 years overlap |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. The firm has over 120 years of combined legal experience and 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs how military pensions are divided in Virginia divorces. This achievement is unique among Virginia family law attorneys and provides a powerful advantage for military families in Henrico County.
Law Offices Of SRIS, P.C. has 21 total documented case results across all practice areas in Henrico County, with a 100% favorable outcome rate. Firm-wide, we have 4,739+ documented case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location is approximately 15 minutes from Henrico County Circuit Court, accessible via I-64, I-95, and I-295. If you need a Military Divorce Lawyer Henrico County near Short Pump Town Center or Innsbrook Corporate Center, we serve Glen Allen, Short Pump, Innsbrook, Tuckahoe, Highland Springs, and Mechanicsville. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
How long does a military divorce take in Henrico County, Virginia?
It depends. An uncontested military divorce with a signed separation agreement takes 2-4 months. Contested cases involving pension division take 9-18 months. The SCRA may delay proceedings if the service member is deployed.
Is my military pension divided 50/50 in a Henrico County divorce?
No. Virginia is an equitable distribution state. The court divides marital property fairly based on 11 factors under Va. Code § 20-107.3. The division depends on the length of the marriage and each spouse’s contributions.
Can my ex-spouse get direct payments from DFAS?
Yes. Under the 10/10 rule, if the marriage lasted at least 10 years overlapping with 10 years of military service, DFAS can make direct payments to the former spouse. A military spouse divorce lawyer Henrico County can ensure your decree meets DFAS requirements.
What happens to VA disability compensation in a divorce?
VA disability compensation is separate property and cannot be divided in a divorce. However, it can affect the calculation of spousal support and child support in Henrico County Circuit Court.
Do I need a service member divorce lawyer Henrico County if my spouse is deployed?
Yes. The Servicemembers Civil Relief Act (SCRA) provides special protections for deployed members, including stays of proceedings. An attorney ensures compliance with SCRA while protecting your rights.
How is child custody handled when one parent is in the military?
Henrico County J&DR Court uses the best interests of the child standard under Va. Code § 20-124.3. Deployment plans and parenting time schedules must account for military obligations. The court considers the child’s relationship with each parent.
For more information, visit our Virginia Family Law Lawyer hub page. We also serve Chesterfield County and Hanover County. If you need a criminal defense lawyer in Henrico County, we can help. View our attorney profile or visit our Richmond office location.
Last verified: 2026-04. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for updated guidance.