Service Member Divorce Lawyer Arlington County, VA

As an active-duty service member stationed at the Pentagon, you received notice that your spouse has filed for divorce. You are facing deployment in weeks and worry about custody, your military pension, and whether the case can even proceed while you are away. At Law Offices Of SRIS, P.C., we understand the unique pressures military families confront. Our Arlington location assists service members—from enlisted personnel to senior officers—navigate divorce in Arlington County Circuit Court. Reach our firm at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

How We Approach Service Member Divorce Cases

A service member’s divorce raises questions that a civilian divorce does not. Rights under the Servicemembers Civil Relief Act (SCRA), the interplay between Virginia equitable-distribution law and the Uniformed Services Former Spouses’ Protection Act, and the effect of deployment on parenting time all require a practiced hand. Mr. Sris and the firm’s Of Counsel attorneys work to safeguard your legal position while respecting the demands of your service. Our goal is a practical resolution—whether through a negotiated separation agreement or, when a contested hearing is unavoidable, thorough courtroom preparation.

Because every military divorce is fact-specific, we listen first. You know your family; we know the procedural and statutory terrain. Together we chart a strategy that addresses separation grounds, property classification (including the marital share of your pension), spousal support, child custody (India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction.), and support obligations—always with an eye on your security clearance, deployment schedule, and the jurisdictional rules that apply to Arlington County residents and non-resident service members alike.

What to Expect in an Arlington County Service Member Divorce

A divorce filed in Arlington County follows the same Virginia legal framework as any other, but the presence of a military party adds layers. Virginia is an equitable-distribution state; marital property is divided fairly, not necessarily equally. A service member’s military retired pay may be divided under Va. Code § 20-107.3(g), provided the court has jurisdiction. Custody and visitation decisions turn on the best interests of the child, and the court will consider a parent’s military obligations—including deployment—when crafting a parenting plan. Spousal support is determined by statutory factors that include the duration of the marriage, each spouse’s income, and the standard of living established during the marriage.

Arlington County Circuit Court hears the divorce itself, including equitable distribution, spousal support, and custody when part of the divorce proceeding. The Arlington County Juvenile and Domestic Relations District Court handles standalone custody, visitation, child support, and protective orders. A service member may file for divorce in Arlington County if Virginia is their domicile and they have resided here for at least six months. Even if the member is stationed elsewhere, Virginia may remain the domiciliary residence.

Key Considerations for Service Members in an Arlington County Divorce

The SCRA provides important protections. A service member on active duty can request a stay of proceedings if military duties materially affect the ability to appear. The court may grant a 90-day delay, and further stays are possible. This does not cancel the case; it pauses it, allowing time to participate meaningfully. The SCRA also guards against default judgments, requiring an affidavit of military status before a default can be entered.

Military pension division is often the largest financial issue. Virginia treats the marital share of a defined-benefit military pension as a divisible asset. The ten-year/ten-year rule (ten years of marriage overlapping ten years of service) does not determine whether the pension is divisible; it only affects whether the Defense Finance and Accounting Service (DFAS) will pay the former spouse directly. A service member’s disability pay and VA benefits, by contrast, are generally not divisible as marital property. The firm’s Of Counsel attorneys work with qualified attorneys to classify and value these complex assets correctly.

Deployment and PCS moves complicate custody. Virginia law permits a court to consider the parent-child relationship history and the availability of each parent. A well-constructed parenting plan can accommodate electronic visitation during deployment and designate a family member for in-person time. If you have already received orders, we move quickly to stabilize temporary custody and support so that your legal situation does not spiral while you serve.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he has concentrated his practice on family law and complex civil litigation since 1997. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised the equitable-distribution statute. His familiarity with Virginia’s statutory scheme is grounded in years of courtroom experience.

The firm’s Of Counsel attorneys—independent, non-employee counsel with significant trial backgrounds—work alongside Mr. Sris on service member divorce matters. Together they bring extensive combined legal experience. Results may vary. In your case. Our Arlington location, at 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209, serves clients by appointment only. Contact us at (888) 437-7747.

Frequently Asked Questions

Can a service member stop divorce proceedings while on active duty?

Yes, under the Servicemembers Civil Relief Act (SCRA) a service member on active duty can request a stay of civil proceedings, including divorce, if military service materially affects the ability to defend the case. The court must grant an initial 90-day stay upon request if conditions are met, and additional stays may be available. The stay does not dismiss the case; it postpones proceedings so the member can participate. A service member must submit a written application explaining why current duty materially interferes. The SCRA also prevents default judgments without a court-appointed attorney to represent the absent member’s interests. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Does Virginia divide military pensions in a divorce?

Yes, Virginia courts can divide the marital share of a military defined-benefit pension under Va. Code § 20-107.3(g). The court calculates the marital fraction—coverture months over total service months—and applies equitable-distribution factors. The former spouse may be awarded a percentage of disposable retired pay or a fixed dollar amount. Direct payment from DFAS is possible only if the marriage lasted ten years overlapping ten years of creditable service. Disability compensation and VA benefits are generally excluded from marital property. Consult an experienced family law attorney to understand how these rules apply to your specific retirement system.

How does deployment affect child custody in Virginia?

Virginia law does not penalize a parent solely for military deployment; courts consider deployment as one factor when determining the best interests of the child. The court will look at the child’s relationship with the deploying parent, the availability of the non-deploying parent, and whether a temporary custody arrangement can preserve the parent-child bond. A service member may propose a parenting plan that designates a family member for in-person visitation during deployment and provides for electronic communication. The Arlington County Juvenile and Domestic Relations District Court can issue temporary custody orders that remain in effect until the service member returns. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

How long does a divorce take in Arlington County, Virginia?

Uncontested divorces in which the parties have signed a separation agreement typically resolve in a few months after filing, while contested cases—with custody, support, or property disputes—can take considerably longer. A no-fault divorce in Virginia requires a six-month separation if no minor children and a signed agreement, or a one-year separation otherwise. The Arlington County Circuit Court schedules a hearing after all statutory requirements are met; however, contested matters that require discovery, appraisals, and trial can extend the process significantly. Law Offices Of SRIS, P.C. has documented case results in Arlington County: 115 total documented case results across all practice areas (favorable outcome in all reported instances). Results may vary.

How much does a divorce cost in Arlington County?

Filing fees and costs vary; the Arlington County Circuit Court charges a filing fee for a divorce complaint, and additional costs arise for service of process, motions, and, if needed, a guardian ad litem or mediator. A simple uncontested divorce with a signed separation agreement and minimal court involvement generally costs less than a contested case that requires extensive discovery, expert testimony on business valuation or military pension division, and multiple hearings. Attorney fees depend on the complexity of the issues and the time required. For a consultation, request an appointment with Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

What are the residency requirements for service members in Arlington County?

At least one spouse must have been a bona fide resident and domiciliary of Virginia for at least six months before the divorce complaint is filed. A service member stationed in Virginia but claiming another state as home of record may still establish Virginia domicile if he or she demonstrates intent to remain permanently. Military members who maintain Virginia as their state of legal residence—evidenced by a Virginia driver’s license, voter registration, and Leave and Earnings Statement—typically satisfy the requirement. Even if the member is deployed or assigned out of state, Virginia remains the domiciliary residence as long as there is no contrary intent. If you are unsure about your domicile, contact our Arlington location for guidance.

Last reviewed: July 2026

Contact Law Offices Of SRIS, P.C.

our Arlington location is at 1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209. By appointment only. To schedule a consultation, call (888) 437-7747.

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Results may vary. Case results depend on a variety of factors unique to each case.