Military Divorce Lawyer Arlington County — What Are Your Rights?
A Military Divorce Lawyer Arlington County handles the unique details of service member divorces under the Uniformed Services Former Spouses’ Protection Act (USFSPA). Law Offices Of SRIS, P.C. has 115 documented case results in Arlington County. Va. Code § 20-107.3 governs equitable distribution, personally amended by Mr. Sris.
Virginia Military Divorce Laws and the USFSPA
Virginia is an equitable distribution state under Va. Code § 20-107.3. For military divorces, the Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.C. § 1408, allows state courts to treat disposable retired pay as marital property. The service member divorce lawyer Arlington County must understand both state and federal law to protect your interests.
Last verified: April 2026 | Arlington County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
Official Resources for Military Divorce in Virginia
Review the Virginia equitable distribution statute (Va. Code § 20-107.3) for the legal framework. For court procedures, visit the Arlington County General District Court website.
Insider Procedural Edge for Military Divorce in Arlington County
Arlington County Circuit Court handles all divorce, equitable distribution, and spousal support matters. The military spouse divorce lawyer Arlington County must address the Servicemembers Civil Relief Act (SCRA) which can delay proceedings for active-duty members.
- Step 1: File a complaint for divorce at Arlington County Circuit Court, 1425 N. Courthouse Rd, Suite 2400.
- Step 2: Serve the military member under the SCRA requirements — the court may appoint counsel for absent service members.
- Step 3: Request a pendente lite hearing for temporary support and custody within 21-60 days of filing.
- Step 4: Complete financial disclosure including military LES, tax returns, and retirement point statements.
- Step 5: Attend mediation or negotiate a property settlement agreement addressing military pension division.
- Step 6: Final hearing with corroborating witness to enter the final decree of divorce.
In Arlington County, military divorce involves equitable distribution of marital property including military retirement pay under Va. Code § 20-107.3.
| Issue | Legal Standard | Timeframe | Court | Key Statute | Additional Considerations |
|---|---|---|---|---|---|
| Divorce Grounds | No-fault: 6-month or 1-year separation; Fault: adultery, cruelty, desertion | Uncontested: 2-4 months; Contested: 9-18 months | Arlington County Circuit Court | Va. Code § 20-91 | Military members may deploy during proceedings |
| Military Pension Division | Disposable retired pay treated as marital property under USFSPA | Determined at final hearing | Arlington County Circuit Court | 10 U.S.C. § 1408 | Former spouse must be married 10+ years overlapping 10+ years of service for direct payment |
| Child Support | Virginia guidelines based on combined gross income including BAH and BAS | Ongoing; modifiable upon change in circumstances | Arlington County J&DR Court | Va. Code § 20-108.1 | Military housing allowance counts as income |
| Spousal Support | 13 statutory factors under Va. Code § 20-107.1 | Pendente lite: 21-60 days; Final: at divorce | Arlington County Circuit Court | Va. Code § 20-107.1 | SCRA may delay support hearings for deployed members |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Military Divorce
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute — a credential no other firm can claim. Our firm has 4,739+ total documented case results across all practice areas with a 93%+ favorable outcome rate. Mr. Sris, the secondary attorney on this page, is a former prosecutor who founded the firm and personally amended the equitable distribution statute.
Case Results in Arlington County
Law Offices Of SRIS, P.C. has 115 total documented case results across all practice areas in Arlington County, with a 100% favorable outcome rate. Our firm-wide results include 4,739+ cases with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Arlington County Military Divorce Lawyer
Our Arlington location is near the Arlington County Courthouse at 1425 N. Courthouse Rd, accessible via I-395 and Route 50. We serve Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington.
Looking for a military divorce lawyer near Arlington County? We are here to help.
Law Offices Of SRIS, P.C. — Arlington
1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only. 24/7 phone consultations.
Frequently Asked Questions About Military Divorce in Arlington County
How long does a military divorce take in Arlington County?
Yes. Uncontested military divorce with a signed separation agreement: 2-4 months from filing to final decree. Contested military divorce involving pension division: 9-18 months. SCRA can delay proceedings for deployed service members.
Is military retirement pay divided in an Arlington County divorce?
Yes. Under the USFSPA (10 U.S.C. § 1408), Virginia courts treat disposable military retired pay as marital property subject to equitable distribution under Va. Code § 20-107.3. Direct payment from DFAS requires 10+ years of marriage overlapping 10+ years of service.
Can child support include military housing allowance?
Yes. Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are included as income for Virginia child support calculations under Va. Code § 20-108.1. The Arlington County J&DR Court handles standalone child support cases.
What happens if my spouse is deployed during the divorce?
It depends. The Servicemembers Civil Relief Act (SCRA) allows active-duty members to request a stay of proceedings. The court may appoint counsel to represent the absent service member’s interests during deployment.
Do I need a lawyer for a military divorce in Arlington County?
Yes. Military divorce involves complex federal laws (USFSPA, SCRA) and Virginia state law (Va. Code § 20-107.3). A service member divorce lawyer Arlington County or military spouse divorce lawyer Arlington County can protect your rights regarding pension division, support, and custody.
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Last verified: April 2026. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.