Russell W. Ray, PLLC
Russell W. Ray, PLLC

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Russell W. Ray, PLLC

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Military Divorce Attorney in Fairfax, VA

Going through a divorce as a servicemember or a military spouse is very challenging. There are laws and regulations that apply to your divorce that do not affect other couples. At Russell W. Ray, PLLC, our divorce attorney has the in-depth knowledge of military law that you need.

Russell W. Ray has decades of experience handling military divorces for both active and retired military couples. He works with you closely to arrive at equitable solutions that empower you to move forward with your life.

Broad Military Divorce Expertise

Mr. Ray understands the many confusing and nuanced laws that govern military benefits, pay, divorce and more. He knows how the regulations apply to your particular situation. Just a few of the issues he assists with include:

  • Military retirement benefits and the 10/10 rule
  • The Survivor Benefit Plan
  • Military disability benefits
  • Continuation of TRICARE health insurance
  • Parenting plans that account for annual training or deployment

Why Choose Russell W. Ray as Your Fairfax Military Divorce Lawyer?

Mr. Ray is well-versed in federal laws that may apply in a military divorce. For example, the Servicemembers’ Civil Relief Act protects the rights of active duty personnel when divorce or custody proceedings are initiated while they are deployed away from Virginia.

You can speak with him about what to expect from your asset division arrangement, child custody order and other pertinent issues.

The life of a servicemember or spouse is already intensely stressful. Mr. Ray strives to reduce the strain on your life by providing comprehensive service. Because his law firm is small, you always receive his one-on-one attention plus detailed updates about any developments in your divorce. Allow him to handle the legal details while you serve our country, raise your family and focus on your own career.

Military Divorce FAQs

The following questions aim to answer some of the most common concerns clients have about military service and the divorce process.

How does military service affect child custody and visitation arrangements?

Military service can create added complications when determining child custody and visitation. Deployments, relocations and training schedules may disrupt traditional parenting time. That is why crafting a flexible and durable parenting plan is essential.

In Virginia, courts prioritize the best interests of the child but also recognize the realities of military life. To help protect the parent-child relationship during service-related absences, courts may approve:

  • Temporary custody changes during deployments
  • Virtual visitation through video calls or messaging
  • Make-up visitation time after the service member returns
  • Special scheduling adjustments for military training or relocation

These solutions help ensure that military parents remain actively involved in their children’s lives despite the demands of service.

How are military pensions and benefits divided in a divorce?

In Virginia, military pensions are considered marital property and may be divided through equitable distribution. The court may evaluate several factors when deciding how to divide military retirement pay:

  • The length of the marriage
  • The amount of overlap between marriage and military service
  • Each spouse’s financial needs and contributions
  • Whether any survivor benefits or other entitlements are involved

This process can require a special court order known as a Military Retired Pay Division Order (MRPDO). Working with an attorney is important to help ensure compliance.

What is the Uniformed Services Former Spouses’ Protection Act (USFSPA), and how does it affect military divorce?

The USFSPA is a federal law that gives state courts, including those in Virginia, the authority to divide military retirement pay in a divorce. While it does not automatically entitle a former spouse to a portion of that pay, it enables the court to award it as part of the divorce judgment.

One key component of the USFSPA is the “10/10 rule,” which allows DFAS (Defense Finance and Accounting Service) to send retirement pay directly to the former spouse if:

  • The marriage lasted at least 10 years
  • At least 10 of those years overlapped with military service

The law can also affect eligibility for continued access to military health care and other benefits, depending on the length of the marriage and service.

Can I file for divorce while my spouse is deployed?

Yes, a divorce can be filed even if one spouse is deployed. However, under the Servicemembers Civil Relief Act (SCRA), the court may grant a delay if the deployed spouse cannot participate in the proceedings due to their military duties.

Additionally:

  • The spouse must still be properly served with divorce papers
  • Virginia courts must have jurisdiction over the case
  • Some cases may require special court permissions or extensions

Russell W. Ray, a military divorce attorney, can help navigate these issues while protecting your rights during the process.

Make An Appointment With a Fairfax Military Divorce Attorney

Are you ready to move forward with your military divorce? Please contact our military divorce lawyer today. We offer free consultations. Make yours by calling 703-935-4634 or by using our online contact form.