Virginia Military Divorce Attorney — Member and Spouse Advocate
Couples entering into a military divorce face additional complications and potential disputes. In military divorce, issues related to property rights, jurisdiction and custody may pose problems for both members of the military and their spouses. At The Law Office of Rita Ros-Planas, I offer strategic advocacy and counsel to protect the rights of my clients entering into military divorce.
If you are considering a divorce and are a member of the military or a military spouse, call me directly at 757-491-1331 or contact me by e-mail to schedule an initial consultation.
Jurisdiction
In any military divorce, you have to consider potential complications with jurisdiction. To be divorced in Virginia, you have to have lived in the state for at least six months. If you are deployed and stationed overseas or if your spouse is living abroad, you may face difficulties meeting Virginia state divorce requirements or may be "blocked" by the Sailor's and Soldier's Act. As your attorney, I can help you explore your rights and options, determine whether you meet jurisdictional requirements and pursue your rights and interests.
Leave and Earnings Statement (LES) / Military Benefits
Whether you are a military spouse or a member of the military, your attorney needs to understand how to read the Leave and Earnings Statement, which outlines income and benefits. Military employees have a generous amount of benefits and their retirement packages can be the most valuable asset at the time of divorce. Whether you are a spouse or a member seeking to protect your interests, it is important to work with an experienced military divorce attorney. Military benefits may include:
- Inexpensive life insurance: If you have life insurance with a child as a beneficiary, it may stay that way. If your spouse is the beneficiary and you want to change it, I will discuss your options with you.
- Health insurance: Military members and their families receive great medical and dental care. You must meet the "20-20-20 rule" (20 years marriage and 20 years of military plus 20 years of overlap between marriage and service) before a divorced spouse can keep medical coverage and other military benefits.
- Retirement and pension: Retirement funds are part of equitable distribution according to statute. If you meet the "10-10 rule" (10 years of marriage, 10 years in military), the government will send the check directly to the spouse. If you don't meet the 10-10 rule, the government will not split the retirement check and the former retired military person has to send a check directly to his or her ex spouse.
- Military ID cards: I propose in temporary orders that the military ID cars are kept active during the separation and divorce so that military spouses can get on base, if necessary, to use services such as commissary.
I am a highly experienced family law and divorce attorney committed to protecting the rights and interests of all members of the military and their spouses. Please feel free to contact me directly for service.
Call 757-491-1331 or contact me by e-mail to schedule an initial consultation with an experienced Virginia Beach, Norfolk and Chesapeake lawyer. Se habla español. Our law office offers plenty of free parking for clients.
