Armed Forces Divorce Lawyer New Kent County, VA

Military service brings unique considerations to divorce, and when a marriage involving a service member or military spouse ends in New Kent County, specific federal and Virginia laws shape every part of the process—from where the case can be filed to how retirement pay is divided. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., concentrates his practice on family law matters that intersect with military service, and his Richmond location assists clients in New Kent County and the surrounding region. Whether the concern is dividing a military pension, addressing custody during a deployment, or obtaining a stay under the Servicemembers Civil Relief Act, our firm works to help clients understand their options. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation.
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What Armed Forces Divorce Means in New Kent County

An armed forces divorce is a dissolution of marriage where at least one spouse is a current or former member of the United States armed forces. In New Kent County, these cases proceed in the New Kent County Circuit Court, which has exclusive jurisdiction over divorce and equitable distribution under Virginia law. The court sits at 12001 Courthouse Circle, New Kent, VA 23124. Separate matters involving child custody, visitation, and support are heard in the New Kent County Juvenile and Domestic Relations District Court. Because Virginia is an equitable distribution state, the court divides marital property fairly—not necessarily equally—after considering the eleven factors listed in Va. Code § 20-107.3. Military retired pay, the Thrift Savings Plan, and survivor benefits are all part of the marital estate subject to division under the Uniformed Services Former Spouses’ Protection Act.

New Kent County lies along the I-64 corridor between Richmond and Williamsburg, placing it within reach of several major military installations, including Fort Eustis, Fort Lee, and Naval Station Norfolk. While the county is largely rural, its location means that many families in the area have a connection to the armed forces. Service members and their spouses who are residents of New Kent County—or who are stationed in Virginia and meet the six-month domiciliary requirement under Va. Code § 20-97—can file for divorce in the county. The procedural rules in circuit court apply, and a case may be resolved through an uncontested separation agreement or proceed to litigation if disputes persist. Issues like deployment, military housing allowances, and VA disability benefits often require careful handling to ensure a fair outcome.

How Mr. Sris and His Of Counsel Handle Armed Forces Divorce Cases

Mr. Sris and his Of Counsel team approach armed forces divorce matters with an understanding of both Virginia family law and the federal statutes that govern military divorce. The legal team reviews the couple’s financial picture, including the service member’s Leave and Earnings Statement, retirement points, and any existing separation agreement. If the service member is on active duty and unable to participate due to deployment, the firm evaluates whether a stay under the Servicemembers Civil Relief Act is appropriate and works to protect the service member’s rights while moving the case forward to the extent permitted by law. When children are involved, the team considers the impact of military relocations on custody arrangements and advocates for parenting plans that can accommodate a service member’s schedule.

The firm also concentrates on the equitable distribution of military benefits. Under the Uniformed Services Former Spouses’ Protection Act, a state court may divide disposable military retired pay if it has jurisdiction over the service member. Mr. Sris and his Of Counsel help clients navigate the difference between disposable retired pay and VA disability compensation, identify marital vs. Separate portions of a pension, and prepare the necessary proposed orders for a qualifying court to approve. Because Virginia follows equitable distribution, a division that may be less or more than an equal split can result after a thorough analysis of the statutory factors. The firm’s multi-state practice also assists when a service member has moved from another jurisdiction or when a former spouse needs to enforce an out-of-state divorce decree in Virginia. Reach our location at (888) 437-7747 for a consultation.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since the firm was founded in 1997. He is a former prosecutor whose experience includes trial advocacy in criminal and domestic relations matters, and his background equips him to handle complex divorce cases involving military personnel. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he appears in New Kent County courts. His Of Counsel team includes attorneys with substantial experience in family law, litigation, and military-related matters. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have secured 4,739+ documented firm-wide results. Results may vary.

Verify admissions: Virginia State Bar ? Maryland Judiciary ? DC Bar ? NJ Courts ? NY OCA.

Frequently Asked Questions

Can a military spouse file for divorce in New Kent County if the service member is stationed elsewhere?

Yes, a military spouse may file for divorce in New Kent County if either party meets Virginia’s residency and domiciliary requirement. Under Va. Code § 20-97, at least one spouse must be an actual bona fide resident and domiciliary of Virginia for at least six months before the suit is started. If the filing spouse is a resident of New Kent County, the case can be initiated there even if the service member is deployed or stationed out of state. Service members who maintain Virginia as their state of legal residence also satisfy the requirement. Issues of personal jurisdiction over the service member may arise, but the circuit court can still dissolve the marriage if it has in rem jurisdiction. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How is military retired pay divided in a Virginia divorce?

Military retired pay is treated as marital property under Virginia’s equitable distribution statute if the parties were married for at least ten years overlapping the service member’s credible military service. The Uniformed Services Former Spouses’ Protection Act permits a state court to divide disposable retired pay, but the ten-year overlap is required for the Defense Finance and Accounting Service to make direct payments to the former spouse. Even without that overlap, the court can still award a portion of the pension to the non-member spouse by a domestic relations order or equivalent. The division must be equitable, not necessarily equal, and the court considers factors such as the length of the marriage, contributions of each party, and the value of other assets. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Does deployment affect child custody in a New Kent County armed forces divorce?

Deployment does not automatically change a custody order, but Virginia law requires a court to consider the best interests of the child when a parent’s military duties affect the care schedule. The New Kent County Juvenile and Domestic Relations District Court may approve a temporary family care plan that designates another adult to exercise parenting time during the service member’s absence. The court will not permanently modify custody solely because of a deployment, but the service member should actively participate in the litigation as much as allowed by the Servicemembers Civil Relief Act. A well-crafted parenting plan that addresses future relocations and communication during absences can help avoid conflict. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction.

What if my spouse is in the military and I cannot locate them for service of process?

Virginia allows service by publication or alternative means when a spouse cannot be located after diligent efforts. Under Va. Code § 8.01-316, a court may authorize service by order of publication in a newspaper if the plaintiff swears that the defendant’s location is unknown. In armed forces divorce cases, military channels—such as contacting the service member’s command—may also assist in locating the spouse, but there is no guarantee. If the service member is deployed overseas and the Hague Service Convention applies, service through a foreign central authority is one option, but the Virginia court may permit substituted service when that route is impracticable. Each case depends on its facts. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Can the Servicemembers Civil Relief Act stay my divorce if I am on active duty?

Yes, the Servicemembers Civil Relief Act allows a court to stay a civil action, including divorce, for at least 90 days if the service member’s military duties materially affect their ability to appear. The stay may be extended at the court’s discretion. A service member may also waive the protections of the Act if they wish to proceed. The Act applies to all service members on active duty and, in some circumstances, to recently discharged individuals. A timely application is necessary, and the court evaluates the service member’s statement of how duties impair participation. Mr. Sris and his Of Counsel team can assist in presenting the required documentation. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Virginia primary sources:
Virginia Code Title 20 (Domestic Relations) ?
New Kent County Circuit Court ?
Defense Finance and Accounting Service (military retired pay)

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