Hampton Roads, VA is home to several military installations and tens of thousands of military personnel. Unfortunately, divorce affects military, retired military, and civilians, alike. Military divorces can become complex with both State and Federal laws possibly being a factor in a case.

At John W. Lee, P.C., our attorneys are prepared to represent both military personnel and their spouses in divorce and custody actions. We understand the special issues that effect the military and their families when there is a divorce. We can not make the pain of a divorce go away, however we can at least help guide you through this difficult time and help you understand the unique situations that are presented in a military divorce.

How are Military Divorces Different?

You should never sign any military document, uncontested divorce papers, or separation agreement, before speaking with an attorney that represents your best interest. Be very wary of

attorneys that will draft documents for free, represent your spouse, or the military. There are many documents that seem legitimate to sign, but in reality, you are surrendering important rights. Our attorneys will review any agreements drafted by military personnel and help you understand them before you sign away your rights.

Military divorces require a special knowledge of laws not applicable to civilian divorces. For example, federal legislation entitles active members of the armed forces to delay a divorce and to court-appointed counsel in certain circumstances.

Military pensions, like their civilian counterparts, are divisible in the event of divorce, but are subject to different rules than the more common Qualified Domestic Relations Orders.

Alimony and child support are also subject to special rules. Calculating income and collecting support can be more complicated because of regulations governing active or retired members of the military. Familiarity with the definition of "disposable retirement income," for example, is key to establishing support orders when dealing with retired military personnel.

Federal law may also affect where the parties end up in court, so planning and strategizing require a thorough grasp of the special rules governing military divorce.