Legal Minute - Military Divorce

In this video, former attorney James A. Weaver covers military divorce.

The military cannot grant you a divorce, and a JAG officer (military attorney) cannot represent you during a divorce. If you file for divorce in Virginia, only a Virginia-based attorney can represent you.

To file for a military divorce in Virginia, you must meet the same eligibility requirements as filing for a normal divorce, namely: Being separated from your spouse for six months with a separation agreement, or being separated for a year without a separation agreement. However, if you file for fault-based grounds (domestic violence, adultery, etc.), then you can file for divorce immediately if one party has lived in Virginia for at least six months.

You can even file for divorce while deployed if you and your spouse agree on how to handle divorce-related processes like child custody and support, property division, alimony, etc.; however, servicemembers are protected from divorce filings and other court actions while deployed, so a military spouse may not be able to file for a contested divorce while their spouse is deployed.

Our Virginia Beach military divorce lawyers can help you move through the divorce process and understand how your military retirement plan and benefits will factor into your divorce. Contact us today!