Service Member Divorce Lawyer Hanover County, VA

For military families stationed at Fort Lee, Naval Support Activity Mechanicsburg, or elsewhere in Hanover County, divorce raises questions civilian divorces do not. Servicemembers Civil Relief Act (SCRA) stays, division of military retired pay under the Uniformed Services Former Spouses’ Protection Act (USFSPA), and jurisdiction over child custody. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. When one parent deploys all require a lawyer who understands both Virginia family law and the federal and state protections unique to service members. Mr. Sris and the firm’s Of Counsel attorneys have handled service member divorce matters throughout Virginia since 1997. If you need a service member divorce lawyer who practices in Hanover County, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Service Member Divorce Means in Hanover County

Hanover County lies just north of Richmond, within Virginia’s 15th Judicial District. Divorce cases proceed in the Hanover County Circuit Court, which has exclusive original jurisdiction over divorce under Va. Code § 20-96. Custody, visitation, and child support matters that arise outside the divorce itself are heard in the Hanover County Juvenile and Domestic Relations District Court. For service members, the interplay between these two courts and the SCRA can affect the timing of a case. A deployment, a permanent change of station, or the simple reality that one spouse is on active duty elsewhere can slow service of process and may require stays.

Virginia is an equitable distribution state, not a community property state. The Circuit Court divides marital property fairly but not necessarily equally, guided by the factors in Va. Code § 20-107.3. In a service member divorce, the marital share of military retired pay is often the largest asset. Under the USFSPA, Virginia courts may treat disposable retired pay as marital property divisible upon divorce, provided the parties meet the statutory tests. A separation agreement that addresses retirement division must clearly incorporate the USFSPA rules, or the outcome may be challenged later. Mr. Sris and the firm’s Of Counsel attorneys work to secure clear, enforceable provisions that protect the service member and the spouse alike.

How Mr. Sris and His Of Counsel Handle Service Member Divorce Cases

A service member divorce begins like any other Virginia divorce: one spouse must have been a bona fide resident and domiciliary of Virginia for at least six months (Va. Code § 20-97). But the SCRA immediately adds a layer of protection. If the service member is on active duty and unable to defend the suit because of military obligations, the court must stay the proceeding for at least 90 days upon application, and the stay can be extended. Our firm reviews the service member’s orders and status early to determine whether an SCRA stay is appropriate or whether the case should proceed without delay.

Grounds for divorce in Virginia include both fault and no-fault options. No-fault divorce is available after a one-year separation (or six months if the parties have no minor children and have signed a separation agreement). Fault grounds—adultery, cruelty, desertion—do not require a waiting period. For military families, proving a separation period can be complicated by deployments. Mr. Sris and the firm’s Of Counsel attorneys gather leave records, housing documents, and other evidence to establish the required separation period. Once grounds are established, we focus on the division of marital assets, including any military retirement, thrift savings plan accounts, and survivor benefit plan coverage, always with an eye toward the USFSPA’s jurisdictional requirements.

We also address custody and visitation under the statutory best-interests factors (Va. Code § 20-124.3). When a parent deploys, a temporary custody order or a family care plan may be needed. Our firm works with clients to craft parenting plans that remain workable despite the certainty of future deployments. The goal is a durable agreement that can be modified if necessary, without unnecessary litigation.

Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary. Throughout the process, we seek a resolution that protects the client’s financial future and preserves family relationships to the extent possible.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law in Virginia since 1997. A former prosecutor, Mr. Sris understands trial practice and the strategic decisions that shape a case. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys bring additional depth in criminal defense, military legal issues, and complex property division. Together, Mr. Sris and the firm’s Of Counsel attorneys appear in Hanover County Circuit Court and J&DR Court on behalf of service members and their spouses. The firm is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

Because Law Offices Of SRIS, P.C. has a Richmond location, Hanover County clients can schedule appointments nearby. Contact us at (888) 437-7747 to request a consultation. We serve all of Hanover County, including Mechanicsville, Ashland, Atlee, Beaverdam, and Doswell.

Frequently Asked Questions

How does deployment affect a divorce in Hanover County?

Deployment triggers protections under the Servicemembers Civil Relief Act (SCRA), including the right to a stay of proceedings for at least 90 days if military duties materially affect the service member’s ability to defend the case. If the service member is deployed, the court may also need to appoint a guardian ad litem or enter temporary custody orders. Our firm moves quickly to secure stays when warranted and to gather evidence of deployment dates and obligations to ensure the court’s orders reflect the reality of military life.

Can military retirement pay be divided in a Hanover County divorce?

Yes, Virginia courts may treat the marital share of military disposable retired pay as marital property under the Uniformed Services Former Spouses’ Protection Act (USFSPA), provided the court has jurisdiction and the parties meet the statutory requirements. The division is often accomplished through a qualified domestic relations order or a military retired pay division order. Our firm drafts these documents to avoid errors that can delay or reduce a spouse’s share.

What grounds for divorce are available to service members in Virginia?

Virginia law provides both no-fault grounds, which require a separation period, and fault grounds, which do not require a waiting period. No-fault divorce is available after a one-year separation, or six months if no minor children exist and the parties have signed a separation agreement (Va. Code § 20-91(9)). Fault grounds include adultery, cruelty, and desertion. For service members, deployments can complicate proof of separation, but proper documentation usually resolves the issue. Our firm gathers leave records and housing documents to support the chosen ground.

Do I need a lawyer to handle a service member divorce in Hanover County?

While you are not required to hire a lawyer, a divorce involving military benefits, SCRA stays, and retirement division is more complex than a typical civilian case, and mistakes can have long-term financial consequences. An experienced family law attorney can help you navigate the interplay of state and federal law, protect your rights under the SCRA, and ensure that any retirement division order complies with the USFSPA. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How is child custody. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Decided when one parent is in the military?

Custody in Virginia is based on the best interests of the child, guided by the ten factors in Va. Code § 20-124.3, and deployments are weighed among those factors. Virginia courts recognize that a service member’s deployment is a temporary condition and will often craft custody arrangements that preserve the parent-child relationship during and after deployment. Family care plans, which the military requires to be in place, can also influence the court’s decision. Our firm works with clients to develop parenting plans that accommodate the demands of military service while protecting the child’s stability.

Additional service member divorce questions? Contact our firm at (888) 437-7747 to request a consultation.

Official Virginia Resources:
Virginia Code Title 20 (Domestic Relations) |
Virginia Courts

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.

Last reviewed: July 2026