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Military Divorce in Virginia
Virginia military divorce and family law cases are those that involve at least one spouse who has or had some form of military service (Active, Reserve, Guard) and which may implicate special federal laws, such as the Uniformed Services Former Spouses Protection Act ( USFSPA ) and/or the Servicemembers Civil Relief Act ( SCRA ). or special Virginia state laws such as the Virginia Military Parents Equal Protection Act. Mr. Robinson briefed, argued and won an appeal before the Court of Appeals of Virginia in a nationally recognized and ground-breaking military divorce case, Cusack v. Cusack ( Published Case: Record No. 0325-08-4 ). Whether you are a military servicemember or the spouse of one, your Virginia military divorce lawyer must be familiar with these laws and those covering military retirement. survivor benefit plans. military disability pay. child support. and residency requirements. as well as the effects of military deployments on child custody and other aspects of military life. Keep in mind that, if any portion was acquired during the marriage, retirement plans and pensions are marital property and can be divided by the court in what is called equitable distribution in Virginia (this does NOT necessarily mean a 50/50 split).
Virginia Code section 20-97 on domicile and residential requirements for Virginia divorce actions:
No suit for annulling a marriage or for divorce shall be maintainable, unless one of the parties is and has been an actual bona fide resident and domiciliary of this Commonwealth for at least six months preceding the commencement of the suit ; nor shall any suit for affirming a marriage be maintainable, unless one of the parties be domiciled in, and is and has been an actual bona fide resident of this Commonwealth at the time of bringing such suit.
For the purposes of this section only:
1. If a member of the armed forces of the United States has been stationed or resided in this Commonwealth and has lived for a period of six months or more in this Commonwealth next preceding the commencement of the suit, then such person shall be presumed to be domiciled in and to have been a bona fide resident of this Commonwealth during such period of time.
2. Being stationed or residing in the Commonwealth includes, but is not limited to, a member of the armed forces being stationed or residing upon a ship having its home port in this Commonwealth or at an air, naval or military base located within this Commonwealth over which the United States enjoys exclusive federal jurisdiction.
3. Any member of the armed forces of the United States who (i) at the time the suit is commenced is stationed in any territory or foreign country and (ii) was domiciled in the Commonwealth for the six month period immediately preceding his being stationed in such territory or country, shall be deemed to have been domiciled in and to have been a bona fide resident of the Commonwealth during the six months preceding commencement of a suit for annulment or divorce.
Attorney Ronald Robinson is a Virginia military divorce and family lawyer with offices in Manassas and Fairfax, Virginia. He is a former active duty Navy pilot and naval reservist. His naval service included deployments aboard the USS Fife and USS Vincennes, a flight instructor tour, and Reserve duty at the Pentagon. He graduated from the Virginia Military Institute and has over 2,500 flight hours in military and civilian aircraft. The primary courts he covers in Northern Virginia are Manassas/Prince William, Fairfax, Stafford/Fredericksburg, and Leesburg/Loudoun.
I haven’t forgotten.
VMI Cadet Ronald Robinson – World Trade Centers 1986
Navy Pilot Ronald Robinson — At sea aboard a U.S. Navy warship
USS Fife and USS Vincennes
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