Virginia Beach Military Divorce Attorney
Divorce is a particularly stressful time in anyone’s life. There are many emotional aspects to handle, but there are also plenty of practical concerns. A military divorce can be especially difficult, as it can require more complicated decisions.
The team at The Law Offices of Daniel J. Miller is here to help walk you through your divorce. We can untangle the complex red tape of a military marriage dissolution. Whether you are in the military or ready to divorce a military member, we are here for you.
Contact us online to discuss the details of your Virginia Beach military divorce. We may be able to assist you.
Military Retirement Benefits After Divorce
Marital assets are anything jointly owned by both spouses. This generally includes anything either party purchased during the marriage. This is the property that courts must divide in a divorce.
The U.S. Congress passed the Uniformed Services Former Spouse Protection Act in 1982. This act treats military retirement as a marital asset.
Virginia is an equitable distribution state. This means that in a divorce, it grants property according to fairness. Generally, this means courts aren’t concerned with who exactly purchased or paid for something. It’s more interested in who used or contributed to the property in question.
This creates a complication for military retirement benefits. How does the spouse who did not work for the military prove their entitlement to these benefits?
Often, attorneys use the length of the marriage to determine entitlement to military retirement benefits. The military often requires its members to leave home for long stretches. The spouse is left alone, sometimes with children. After years of this life, courts may assume that the spouse should receive a generous portion of the retirement. If the marriage lasted over 10 years, the Department of Defense will even pay the retirement benefits directly to this former spouse.
A marriage’s length, however, is not the only determinant of these benefits. For marriages that lasted less than a year, a court could still award a spouse a good chunk of this money.
Our team is ready to help make sure these benefits are divided fairly.
Child Custody in a Military Divorce
Custody can be complicated no matter the parents’ professions. This complexity can double when you are a service member. Your job could take you away at a moment’s notice, making it difficult to create a solid, consistent parenting plan.
Parenting plans consist of physical possession and visitation. They can also build in electronic visits such as phone calls or video chats. Plans also grant certain decision-making abilities. Parents can share authority over medical and educational concerns, or they can have sole power over these decisions.
When you are distant, even following the plan in place can be hard. It may be difficult to communicate with your former spouse over important decisions, and keeping a regular visitation schedule could require a lot of flexibility.
Our team can work closely with military parents, helping create a reasonable, workable parenting plan. Remember, this plan revolves around what is best for the children. It should not be focused on “winning,” and neither parent should use it against the other.
We can help evaluate the needs of all stakeholders. It’s crucial to serve the children first, but each parent should also be comfortable with the plan. Our team can help build in caveats for sudden deployment, creating a schedule and a distribution of responsibilities for such times. We can also help with parents who refuse to follow the plan, ensuring the best experience for the kids.
Military service can complicate any aspect of your divorce. We are ready to help you with:
Call The Law Offices of Daniel J. Miller today for questions about your Virginia Beach military divorce. Our number is (757) 267-4949.
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