Armed Forces Divorce Lawyer Henrico County | SRIS, P.C.
Armed Forces Divorce Lawyer Henrico County: Military divorce under Va. Code § 20-107.3. SCRA protections, pension division. Call (888) 437-7747.
In Henrico County, military divorce follows the Uniformed Services Former Spouses’ Protection Act and Virginia’s equitable distribution law under Va. Code § 20-107.3, personally amended by Mr. Sris. Law Offices Of SRIS, P.C. has 21 documented case results in Henrico County. An Armed Forces Divorce Lawyer Henrico County protects your military pension, benefits, and custody rights.
Last verified: April 2026 | Henrico County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
A military divorce in Henrico County involves dividing a service member’s retirement pay under the Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.C. § 1408. Virginia treats military pensions as marital property subject to equitable distribution under Va. Code § 20-107.3. The Servicemembers Civil Relief Act (SCRA) allows court proceedings to be stayed during active duty. A military member divorce lawyer Henrico County must understand both federal and Virginia law to protect your benefits.
Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs how military pensions are divided in Virginia divorces. This amendment strengthened protections for spouses in military divorce cases. Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor with over 120 years of combined attorney experience firm-wide.
Under Va. Code § 20-107.3(G)(1), military retirement pay is classified as marital property subject to division by the court. The USFSPA limits the amount of disposable retirement pay a former spouse can receive to 50% of the member’s disposable retired pay. A service member dissolution lawyer Henrico County handles the complex interaction between federal pension division rules and Virginia’s 11-factor equitable distribution analysis.
Review the official statutes and court resources:
- Va. Code § 20-107.3 (Equitable Distribution — official Virginia General Assembly)
- Henrico County General District Court (official Virginia Courts website)
Henrico County Circuit Court handles all military divorce cases, including pension division and spousal support. The court requires a certified copy of the member’s Leave and Earnings Statement (LES) and a Retired Pay Account Statement from DFAS. Military divorces involving active-duty members often require coordination with the member’s command and legal office.
- File a complaint for divorce in Henrico County Circuit Court at 4301 East Parham Road, Henrico, VA 23228.
- Serve the service member under SCRA rules — request a stay if the member is on active duty and cannot participate.
- Obtain the member’s Leave and Earnings Statement and DFAS Retired Pay Account Statement.
- Commission a Military Pension Valuation Report from a certified actuary.
- Negotiate a property settlement agreement dividing the military pension under Va. Code § 20-107.3.
- Submit a Qualified Domestic Relations Order (QDRO) to DFAS for direct payment of the former spouse’s share.
In Henrico County, military divorce involves dividing marital property including the military pension, with no criminal penalties but significant financial consequences.
| Issue | Classification | Division Method | Federal Limit | Impact on Benefits | Additional Considerations |
|---|---|---|---|---|---|
| Military Pension Division | Marital Property | Equitable Distribution | 50% of disposable retired pay | Direct payment via DFAS | Survivor Benefit Plan election required |
| SCRA Stay of Proceedings | Procedural Right | Court Order | Duration of active duty + 90 days | Delays divorce finalization | Must show material affect on ability to defend |
| Child Custody (Deployment) | Best Interests | Va. Code § 20-124.3 | No federal limit | Temporary custody during deployment | Family Care Plan required |
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris personally amended Virginia’s equitable distribution statute, Va. Code § 20-107.3, which directly governs how military pensions are divided in Henrico County divorces. This amendment strengthened protections for spouses in military divorce cases. The firm has 21 documented case results in Henrico County across all practice areas with a 100% favorable outcome rate.
Samantha Rae Powers — Of Counsel. VA Bar 2023 | FL Bar 2005 | J.D./M.A. University of Florida 2005 | Ph.D. Communication UCSB 2017 | 18+ years experience. She handles complex family law matters including military divorce and equitable distribution 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 across VA, MD, NJ, NY, and DC: 4,739+ case results with a 93%+ favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location is accessible from Henrico County courts at 4301 East Parham Road via I-64, I-95, and I-295. An Armed Forces Divorce Lawyer Henrico County near Short Pump Town Center and Innsbrook Corporate Center serves clients throughout 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.
Can I get a divorce while my spouse is deployed on active duty?
Yes. The SCRA allows you to file for divorce, but the court must grant a stay of proceedings if the service member’s military duties materially affect their ability to defend. The stay lasts for the duration of active duty plus 90 days.
How is a military pension divided in a Henrico County divorce?
Yes. Under Va. Code § 20-107.3, the military pension is marital property subject to equitable distribution. The USFSPA limits the former spouse’s share to 50% of disposable retired pay. A QDRO directs DFAS to make direct payments.
What happens to child custody when a service member deploys?
It depends. The court grants temporary custody to the other parent during deployment. The service member retains decision-making authority and visitation rights upon return. A Family Care Plan must be filed with the command.
Does Virginia require a separation period before a military divorce?
Yes. Virginia requires a 6-month separation if no minor children are involved and a signed separation agreement exists. With minor children, the separation period is 1 year. Fault grounds like adultery have no waiting period.
Can I receive both my own Social Security and my ex-spouse’s military pension?
Yes. The USFSPA allows a former spouse to receive both their own Social Security benefits and a portion of the service member’s military pension. The pension division does not reduce Social Security eligibility.
How long does a military divorce take in Henrico County?
Uncontested: 2-4 months from filing. Contested with pension valuation: 9-18 months. SCRA stays can add 6-12 months if the member is deployed. Pendente lite hearings for temporary support occur within 21-60 days of motion.
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Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.