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Military Divorce in Alexandria, VA – What Are Your Rights Under the SCRA?

In Alexandria, Virginia, military divorce involves unique rules under the Servicemembers Civil Relief Act and Va. Code § 20-91. A Military Divorce Lawyer Alexandria from Law Offices Of SRIS, P.C. can protect your benefits and custody rights. Our firm has 4,739+ documented case results firm-wide.

Last verified: April 2026 | Alexandria General District Court | Va. Code § 20-91 (official Virginia General Assembly)

Virginia law governs divorce for military members under Va. Code § 20-91, which requires a 6-month separation (no minor children) or 1-year separation (with minor children) for no-fault divorce. For military families, the Servicemembers Civil Relief Act (SCRA) can delay proceedings if active duty prevents participation. Equitable distribution under Va. Code § 20-107.3 (personally amended by Mr. Sris) applies to military pensions and benefits. A Military Divorce Lawyer Alexandria ensures these federal and state laws work for you.

Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts can treat disposable military retirement pay as marital property. In Alexandria, this intersects with Virginia’s equitable distribution statute. A service member divorce lawyer Alexandria must understand both the USFSPA and Va. Code § 20-107.3 to protect your share of the pension.

For official guidance, review the Virginia Code § 20-91 (divorce grounds) and the Alexandria General District Court website. These sources outline the legal framework for military divorce in Alexandria.

In Alexandria Circuit Court, military divorce cases often require a SCRA affidavit before proceeding. Your military spouse divorce lawyer Alexandria must file this with the initial complaint to avoid default judgments against active-duty members.

  1. Step 1: File a complaint for divorce in Alexandria Circuit Court, including a SCRA affidavit if the spouse is on active duty.
  2. Step 2: Serve the complaint via certified mail or through the military’s Judge Advocate General (JAG) office.
  3. Step 3: Attend a pendente lite hearing for temporary custody and support, typically set within 21-60 days.
  4. Step 4: Complete discovery on military pension valuation using a certified divorce financial analyst.
  5. Step 5: Negotiate a property settlement agreement that addresses the 20/20/20 rule for continued benefits.
  6. Step 6: Finalize the divorce decree with the court, ensuring the military pension division order is approved.

In Alexandria, military divorce does not carry criminal penalties, but failing to comply with court orders can result in contempt, fines, or loss of benefits.

Issue Classification Impact Fine License Impact Additional Consequences
Failure to pay child support Civil contempt Possible jail time Up to $500 Driver’s license suspension Wage garnishment, tax refund intercept
Violation of protective order Class 1 misdemeanor Up to 12 months jail Up to $2,500 Firearm restriction Military career impact, security clearance risk

Results may vary. Prior results do not guarantee a similar outcome.

Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has handled 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide across VA, MD, NJ, NY, and DC. Mr. Sris personally amended Va. Code § 20-107.3, Virginia’s equitable distribution statute, which directly impacts military pension division in Alexandria. Our team includes Samantha Rae Powers, a VA-licensed family law attorney with 18+ years of experience, and Matthew Greene, who has 30+ years of trial experience including a 14-year CPS contract in Alexandria.

SRIS actively practices in Alexandria. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. In Alexandria General District Court, we have obtained dismissals (nolle prosequi) on assault charges under Va. Code § 18.2-57, demonstrating our ability to achieve favorable results in local courts.

Results may vary. Prior results do not guarantee a similar outcome.

Our Arlington location is a short drive from the Alexandria Circuit Court at 520 King Street, accessible via I-395 and the George Washington Memorial Parkway. We serve clients throughout Alexandria, including Old Town, Del Ray, and Kingstowne. A Military Divorce Lawyer Alexandria near you is ready to help.

24/7 phone consultations — (888) 437-7747 — meetings by appointment only.

1655 Fort Myer Dr Suite 700, Arlington, VA 22209, United States

Toll-Free: (888) 437-7747 | Local: 703-589-9250

1655 Fort Myer Dr, Suite 700, Room No. 719, Arlington, VA 22209

By appointment only.

How long does a military divorce take in Alexandria?

Yes, it depends on complexity. Uncontested: 2-4 months. Contested: 9-18 months. Military deployments can add 90+ days under the SCRA.

Can I keep my military benefits after divorce?

It depends. Under the 20/20/20 rule, if the marriage lasted 20 years overlapping 20 years of service, the former spouse retains full benefits. Otherwise, benefits may be limited.

Is Virginia a community property state for military pensions?

No. Virginia is an equitable distribution state. Military pensions are marital property divided fairly, not necessarily 50/50, under Va. Code § 20-107.3.

What is the 20/20/20 rule?

It is a federal rule. If the marriage lasted 20 years, the service member served 20 years, and they overlapped by 20 years, the former spouse keeps medical and commissary benefits.

Can I get a divorce if my spouse is deployed?

Yes. The SCRA allows the court to delay proceedings if the service member cannot participate. Your lawyer can file a SCRA affidavit to protect their rights.


Attorney advertising. Prior results do not guarantee a similar outcome.

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Reviewed by Mr. Sris, Owner and Founder.

Attorney advertising. This page is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Statutes and their application change and vary by case. Prior results do not guarantee a similar outcome; results may vary. For advice about your specific situation, consult a licensed attorney. Attorney responsible for this advertising: Mr. Sris.