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Contact UsGetting divorced always comes with its share of struggles, and if you’re going through a divorce while in the military, some unique rules and parameters can make this process even more difficult. Whether you’re serving in the military or married to a military member, you may be concerned about how a divorce will affect your rights or military benefits. Fortunately, you don’t have to walk this path alone. At Pedersen Law, our military divorce attorneys are here to help you navigate the divorce process and protect what matters most to you.
A common misconception is that military divorces must be handled in a military court. On the contrary, military courts are only used to issue punishments and discipline service members and are not mandated to grant a divorce. Military divorces are often managed by both federal and state laws in Virginia.
Although the divorce process for military members is the same as anyone else’s, a few additional factors can influence it. For example, the process may be extended if you’re on active duty in a remote location or have a permanent station abroad. In addition, you might be required to fulfill some requirements for active-duty military members who want to file for divorce in your stationed area.
At Pedersen Law, we can help you navigate your divorce process efficiently, whether you’re a retired military member or on active duty. We proudly serve military personnel and their spouses, assisting them in maneuvering complex divorce issues. We have vast experience in military divorce matters and understand the stress and concern clients experience.
The Virginia court system views all marriages as partnerships and believes wealth obtained during the marriage is subject to equitable distribution. Property in a military divorce can be divided into:
We’re proud that Pedersen Law has been recognized as a top family law firm in Virginia. With over a decade of experience representing service members through divorce processes, our legal team has personal and professional experience handling divorce processes of any type and nature.
If you need help navigating your military divorce case in Virginia, we can help. We offer a personalized approach to each case to ensure you get the help you need. We also provide a smooth divorce process and keep you engaged and informed throughout the process.
Get in touch with us today to book your initial consultation and discuss your case confidentially with Heather Pedersen, our lead military divorce attorney.
You are not required to have a lawyer in Virginia for divorce; however, most people will find the process more complicated than they wish to tackle alone.
Only one party can be represented by the attorney. It is not uncommon when parties come to an agreement about their divorce for one attorney to prepare the documents on behalf of the husband or wife.
That is only true if you have a signed agreement that resolves all of your support and property matters AND you have no minor children of the marriage.
Before making any decisions about waiving a retirement, you should be sure you know exactly what you would be waiving.
If the parties can agree upon and feel well-informed about their assets and debts, the formal discovery process is not a requirement. However, if there is uncertainty about the assets or debts, this should not be waived.
The time frame depends on a few different factors. An uncontested divorce doesn't normally require a court appearance, but the judge will still be reviewing everything to be sure everything is in good order. This means coordinating around the court's schedule. Additionally, in an uncontested divorce, everyone must cooperate with moving the process along. If everyone responds and signs the necessary documents timely, the process will move along promptly. Generally 4-6 weeks is a good average, providing both parties are cooperative.
Absolutely not. Most of the time, it is in everyone's best interest if parents can come up with a custody plan that works for the family. This plan can be incorporated either in a property settlement agreement or consent order.
It is not common for the court to award sole legal custody. Public policy suggests that both parents' involvement in decisions regarding children should be shared. In situations of serious abuse, incarceration, absence of a parent, or other situation which would render a parent unable to make decisions, the court can consider sole legal custody. The court does not take this likely and often involves court appearances.
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