Author: J. Thompson Cravens

Navigating Military Divorce near Fort Lee: Special Considerations for Service Members and Spouses

By Joe Cravens, President and Partner at Cravens & Noll, P.C.

Military divorce is fundamentally different from civilian divorce, and if you’re a service member stationed at Fort Lee or the spouse of someone serving there, you need to understand these differences before you take any steps forward.

I’m Joe Cravens, and I served as an Army Judge Advocate before establishing my law practice. Over the past three decades practicing family law in the Richmond and Petersburg area, I’ve represented both service members and military spouses in divorce proceedings. What I’ve learned is that military divorce requires specialized knowledge of federal statutes, military regulations, and Virginia state law – and understanding how all three interact is essential to protecting your rights and your future.

If you’re facing divorce while connected to Fort Lee, this guide will walk you through the key legal considerations you need to understand. Virginia divorce law is complex on its own, but military divorces add layers involving the Servicemembers Civil Relief Act, military pension division under federal law, deployment considerations for custody, and questions about retaining military benefits after divorce.

Let me break down what you need to know.

Why Military Divorces Are Different

Military divorces operate under a combination of Virginia state law, federal statutes, and Department of Defense regulations. The two most important federal laws are the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA). The SCRA laws was created to protect service members from legal actions during deployment, while the USFSDA exists to ensure fair treatment of military spouses.

Here are the key factors that make military divorces legally distinct from civilian cases:

Jurisdiction and Residency Issues In a typical Virginia divorce, you need to establish residency – one spouse must have lived in Virginia for at least six months before filing. But military families move frequently. You might be stationed at Fort Lee, but your legal domicile could be another state entirely. Your spouse might have moved back to their home state. These complications affect where you can file for divorce and which state’s laws will govern your case.

The Servicemembers Civil Relief Act (SCRA) This federal law provides critical protections for active-duty service members involved in civil proceedings, including divorce. If you’re deployed or on active duty orders, SCRA can delay divorce proceedings so you’re not forced to handle legal matters while you’re serving overseas or engaged in military operations. While this protects service members, it can be frustrating for spouses who are trying to move forward with their lives.

Military Pensions and Retirement Benefits Military retirement pay is often the most valuable marital asset. Division of military pensions is governed by USFSPA, which allows state courts to treat military retirement as divisible property. However, specific federal rules dictate how much can be divided, when it vests, and how long you must be married to qualify for direct payment from the Defense Finance and Accounting Service (DFAS).

Military-Specific Benefits Beyond retirement pay, military families must consider Tricare health benefits, Basic Allowance for Housing (BAH), commissary and exchange privileges, and Survivor Benefit Plans. Access to these benefits after divorce depends on meeting specific time requirements, particularly the 10/10/10 or “20/20/20 rule.”

Child Custody During Deployment Virginia law requires courts to consider the best interests of the child in custody cases. However, military service adds complexity when a parent receives deployment orders with limited notice. Virginia has specific statutes addressing how deployment affects custody arrangements.

Jurisdiction: Where to File for Divorce

Determining where to file your military divorce is one of the first critical decisions you’ll make. For families connected to Fort Lee, you typically have several jurisdictional options.

Virginia Residency Requirements Under Virginia law (Virginia Code § 20-97), you can file for divorce in Virginia if:

• Either spouse has been a resident of Virginia for at least six months before filing, OR
• The last place you lived together as married spouses was in Virginia, and either spouse continues to reside there

Military Domicile vs. Residence Service members can maintain legal domicile (their home of record for tax purposes) in one state while stationed in another. You might claim Texas or Florida as your domicile while living at Fort Lee. For divorce purposes, you generally can file in:

• Your state of legal domicile
• Your spouse’s state of legal domicile
• The state where either spouse currently resides

Why Jurisdiction Matters Different states have different laws governing property division, spousal support, and child custody. Virginia uses “equitable distribution” for property division, meaning assets are divided fairly based on multiple factors, not automatically split 50/50. Community property states follow different rules. The state where you file determines which laws apply to your divorce.

Practical Considerations for Fort Lee Families If you’ve been stationed at Fort Lee and have established residency in Virginia, filing here provides several advantages. Virginia courts in the Petersburg and Richmond area regularly handle military divorces and understand the unique issues involved. However, your specific circumstances – including where your spouse resides and where your assets are located – should inform this decision.

The Servicemembers Civil Relief Act: Understanding Federal Protections

The SCRA (50 U.S.C. §§ 3901-4043) is federal law that provides important protections for active-duty service members in civil proceedings, including divorce.

What SCRA Protects SCRA allows service members to request a stay (temporary delay) of civil proceedings if their military duties prevent them from appearing in court or adequately defending themselves. This ensures service members aren’t hit with default judgments while deployed or unable to participate in legal proceedings.

Requirements for SCRA Protection To qualify for a stay under SCRA, the service member must demonstrate:

• They are currently on active duty or within 90 days of release from active duty
• Their military duties materially affect their ability to appear in court
• They have a viable defense to the legal action

Duration of SCRA Stays The initial stay is typically 90 days but can be extended if military duties continue preventing the service member’s participation. In cases involving extended deployments, proceedings may be delayed for a year or longer. However, SCRA doesn’t prevent divorce – it postpones proceedings until the service member can adequately participate.

Important Limitations Once a service member returns from deployment and has reasonable time to engage legal counsel and prepare their case, SCRA protections generally end. Courts will not allow indefinite delays simply because someone is on active duty.

For Military Spouses If your spouse is invoking SCRA protection, understand that this is a temporary delay, not a permanent bar to divorce. An experienced military divorce attorney can help navigate these delays while protecting your interests and ensuring SCRA isn’t being misused as a stalling tactic.

Dividing Military Retirement Pay Under USFSPA

Military retirement is frequently the most valuable marital asset, and its division is governed by the Uniformed Services Former Spouses’ Protection Act (10 U.S.C. § 1408). Understanding USFSPA is critical to protecting your financial interests.

What USFSPA Does: USFSPA doesn’t require military retirement to be divided – it authorizes state courts to treat military retirement pay as marital property subject to division under state law. Virginia courts then apply equitable distribution principles to determine how it should be divided.

The 10/10/10 Rule Explained The “10/10/10 rule” is commonly misunderstood. Here’s what it actually means:

If you were married for at least 10 years, have over 10 years in service, if overlap between marriage and service, 10 years of creditable military service, the former spouse can receive their portion of retirement pay directly from the Defense Finance and Accounting Service (DFAS). This is called “direct payment.”

Important clarification: Even if you don’t meet the 10/10/10 rule, retirement pay can still be divided – the former spouse just receives their portion from the service member rather than directly from DFAS.

Division Limits and Calculations USFSPA allows states to divide up to 50% of a service member’s “disposable retired pay.” Virginia courts use equitable distribution principles, considering factors including:

• Length of the marriage
• Overlap of marriage with military service
• Each spouse’s financial circumstances and contributions to the marriage
• Each spouse’s role in enabling the service member’s career

The Coverture (Time Rule) Formula Virginia courts typically use a coverture formula to calculate the marital portion of military retirement:

(Years of military service during marriage / Total years of creditable service) × Retirement pay × Percentage awarded to spouse

For example: A service member completes 20 years of service, with 15 years occurring during the marriage. The marital portion would be 15/20 (75%) of the retirement pay. If the court awards the spouse 50% of the marital portion, they would receive 37.5% of the total retirement pay.

Critical Language Requirements The divorce decree must use specific language that complies with DFAS requirements. Improperly drafted decrees can result in DFAS refusing to honor the division, leaving the former spouse unable to collect their awarded portion.

Child Custody, Visitation, and Deployment

Child custody in military divorces requires addressing both Virginia’s custody standards and the realities of military service, including deployment and relocation.

Virginia’s Best Interest Standard Virginia courts determine custody based on the best interests of the child (Virginia Code § 20-124.3), considering factors including:

• Each parent’s role in the child’s upbringing
• The child’s age and developmental needs
• Each parent’s relationship with the child
• Each parent’s ability to maintain the child’s relationship with the other parent
• The child’s adjustment to home, school, and community
• Each parent’s physical and mental health
• History of family abuse, if any

In military divorces, the court also considers the service member’s military obligations and their impact on the child’s stability.

Deployment and Custody Modifications Virginia Code § 20-124.2:1 specifically addresses military deployment and custody. Key provisions include:

• Deployment alone cannot be the sole factor in a permanent custody modification
• Courts can create temporary custody arrangements during deployment
• The service member’s custody rights generally resume upon return from deployment
• Courts must consider the best interests of the child when making deployment-related custody decisions

Creating Effective Parenting Plans Military families need detailed parenting plans that specifically address:

1. Advance notice procedures when deployment orders are received
2. Communication methods during deployment (video calls, email, care packages)
3. Temporary custody arrangements – who cares for the child during deployment
4. Make-up visitation after deployment ends
5. Relocation procedures when permanent change of station (PCS) orders arrive
6. Decision-making authority during deployment for medical, educational, and religious decisions

Family Care Plans: Active-duty service members with dependents are required by military regulation to maintain a Family Care Plan designating a caregiver for their children during deployment. This plan should align with your divorce decree’s custody provisions to avoid conflicts.

Spousal Support and Military Pay Considerations

Spousal support (alimony) in military divorces involves unique calculations due to the structure of military compensation.

Virginia Spousal Support Law Virginia courts award spousal support based on factors outlined in Virginia Code § 20-107.1, including:

• Each spouse’s income, earning capacity, and financial resources
• Duration of the marriage
• Standard of living established during the marriage
• Age and physical/mental condition of each spouse
• Each spouse’s contributions to the marriage (financial and non-financial)
• Each spouse’s needs and obligations

Components of Military Compensation When calculating a service member’s income for support purposes, courts consider all elements of military pay:

• Base pay – the fundamental salary component
• Basic Allowance for Housing (BAH) – housing compensation, amount varies by location and dependency status
• Basic Allowance for Subsistence (BAS) – food allowance
• Special pays – hazardous duty pay, flight pay, overseas pay, etc.

BAH and Dependency Status BAH rates differ significantly between “with dependents” and “without dependents” status. During separation, service members may claim “with dependents” status if still legally married. After divorce, without custody, the service member typically receives the lower “without dependents” rate.

This change affects both the service member’s ability to pay support and should be considered when negotiating support amounts.

Support Enforcement Military regulations require service members to provide adequate financial support to family members. Department of Defense regulations state that service members must comply with court-ordered support obligations. Failure to pay can result in military disciplinary action in addition to civil contempt proceedings.

Health Care and Military Benefits After Divorce

Understanding which benefits you retain after military divorce is critical, particularly regarding health care coverage through Tricare.

The 20/20/20 Rule – Full Benefits Retention A former spouse retains full military benefits indefinitely if they meet all three requirements:

• The marriage lasted at least 20 years
• The service member performed at least 20 years of creditable service
• There were at least 20 years of overlap between the marriage and military service

Benefits retained under 20/20/20 include:

• Full Tricare health coverage
• Commissary and exchange privileges
• Use of military recreational facilities
• Retention of military ID card

The 20/20/15 Rule – Temporary Coverage If you meet these criteria, you receive transitional Tricare coverage for one year:

• 20 years of marriage
• 20 years of military service
• At least 15 years (but less than 20 years) of overlap

This one-year coverage provides time to secure alternative health insurance.

Continued Health Care Beneficiary Program (CHCBP) Former spouses who don’t meet the 20/20/20 or 20/20/15 rules may purchase continued Tricare coverage for up to 36 months under CHCBP. You must enroll within 60 days of losing eligibility.

Survivor Benefit Plan (SBP) SBP provides continued retirement income to survivors if the military retiree dies. Former spouses can be designated SBP beneficiaries, but this must be specifically addressed in the divorce decree.

Critical timing: The service member must elect former spouse SBP coverage within one year of the divorce decree. Missing this deadline means losing the option permanently.

Benefits Considerations in Settlement Negotiations These benefits have significant monetary value. If you’re close to meeting 20/20/20 requirements, the timing of your divorce filing can determine whether you retain lifetime benefits or lose them entirely. This should factor into settlement negotiations and divorce timing decisions.

Military Divorce Considerations Specific to Fort Lee

Fort Lee, home to the U.S. Army’s Combined Arms Support Command and Sustainment Center of Excellence, is one of Virginia’s largest military installations. The Petersburg and Richmond area courts regularly handle military divorce cases and are familiar with the unique issues involved.

Local Court Experience The proximity to Fort Lee means local courts in Petersburg, Hopewell, and Richmond frequently address:

• SCRA stay requests
• Military pension division
• Deployment-related custody modifications
• Military benefits preservation issues

This local familiarity can benefit military divorce cases filed in these jurisdictions.

Available Support Services Fort Lee provides resources for military families, including:

• Army Community Service (ACS) family advocacy programs
• Military and Family Life Counselors
• Staff Judge Advocate office for basic legal information (limited to general guidance, not representation)

Understanding Legal Assistance Limitations, The JAG legal assistance office at Fort Lee can provide general legal information and help with basic documents like powers of attorney. However, they cannot represent you in divorce proceedings. You need private counsel for divorce representation.

Why Military-Focused Legal Experience Matters Military divorce requires understanding both military culture and complex legal frameworks. An attorney with military experience – whether through service or extensive practice with military families – brings practical knowledge about:

• How military command structures work
• Communication with commanders when necessary
• Military benefits systems and their requirements
• The specific challenges military families face

Common Mistakes in Military Divorces

Understanding these common errors can help you avoid costly problems in your military divorce:

1. Hiring Attorneys Without Military Divorce Experience Military divorce law is specialized. General family law attorneys without regular military divorce experience may miss critical issues involving:

• Proper USFSPA language for pension division
• SCRA protections and limitations
• Military benefits eligibility requirements
• Deployment custody provisions

2. Improper Military Pension Division Language Divorce decrees must use specific language that complies with DFAS requirements. Common errors include:

• Failing to specify “disposable retired pay”
• Not using the proper coverture formula
• Omitting required legal citations
• Using imprecise percentage calculations

These errors can result in DFAS rejecting the pension division order entirely.

3. Missing the 20/20/20 Threshold Spouses who are within one or two years of meeting the 20/20/20 rule should carefully consider divorce timing. The difference between 19 years of overlap and 20 years of overlap is the difference between lifetime military benefits and no benefits.
4. Failing to Address Survivor Benefit Plan (SBP) SBP elections must be made within one year of the divorce. Missing this deadline means losing the option permanently. The divorce decree should specifically require the service member to elect former spouse SBP coverage.
5. Neglecting Deployment Provisions in Custody Orders Custody orders that don’t specifically address deployment create ambiguity and future litigation. Clear provisions about temporary custody during deployment, communication during deployment, and post-deployment resumption of custody prevent conflicts.
6. Ignoring Differences in State Law If you or your spouse maintains legal domicile in a different state, understand how that state’s laws might affect your case. Community property states have fundamentally different property division rules than Virginia’s equitable distribution system.

Next Steps: Getting Appropriate Legal Help

Military divorce near Fort Lee requires navigating Virginia family law, federal military statutes, and Department of Defense regulations. The decisions you make will affect your financial security, your relationship with your children, and your access to military benefits for years to come.

As someone who served as an Army Judge Advocate before establishing my law practice, I understand both the legal complexities and the practical realities of military life. That background, combined with over three decades practicing family law in Virginia, has given me specialized knowledge in military divorce cases.

What to Expect in a Consultation When you meet with an attorney experienced in military divorce, the consultation should address:

• Your specific circumstances and goals
• Jurisdictional options and which state’s laws should apply
• Timeline considerations, including SCRA implications if applicable
• Military pension division using proper USFSPA calculations
• Benefits eligibility and the impact of divorce timing
• Custody arrangements that account for military service requirements
• Strategy for protecting your rights and financial interests

Taking Action Time-sensitive issues in military divorces include:

• SCRA protections if deployment is imminent
• 20/20/20 eligibility if you’re approaching the threshold
• SBP elections (must be made within one year of divorce)
• Custody provisions before deployment orders arrive

At Cravens & Noll, we provide consultations for military divorce cases. This allows you to discuss your situation, understand your options, and make informed decisions about how to proceed – without obligation to proceed.

Since 1995, Cravens & Noll has served Virginia families with a commitment to being “Your Lawyers for Life.” We handle not just your immediate legal needs but provide ongoing counsel for whatever challenges you face throughout your military career and beyond.

If you’re a service member stationed at Fort Lee, a military retiree, or a military spouse facing divorce, get experienced legal counsel that understands your unique circumstances. The complexity of military divorce law requires specialized knowledge – make sure your attorney has it.

Contact us to schedule a consultation so we can help you navigate the complexities of your military divorce.

The information provided in this blog is for educational purposes only and does not constitute legal advice. Military divorce cases are complex and highly individual. For specific advice about your situation, contact Cravens & Noll, P.C.

J. Thompson Cravens

Joe Thompson Cravens Is the President of Cravens & Noll, P.C. in Richmond where he practices in the areas of personal injury, criminal law, domestic relations and military law. Mr. Cravens received his B.A. degree from the University of Virginia and his J.D. degree from the College of William & Mary. Commissioned an officer in the United States Army, 1984, Commissioned a United States Army Judge Advocate (JAG) 1987. Veteran of “Operation Just Cause”, Panama, December 1989-February 1990. “Operations Desert Shield and Desert Storm”, Saudi Arabia, Iraq and Kuwait, August 1990 – May 1991.

He is a past adjunct professor at Nova University and has spoken on law of war to service members, pre-deployment and reservists. Mr. Cravens is a member of the Virginia State Bar, and the bars of the U.S. Court of Claims, the U.S. Court of Military Review, the U.S. Court of Military Appeals, the U.S. 4th Circuit Court of Appeals and the United States District Courts for the Eastern and Western Districts of Virginia, the Virginia Trial Lawyers Association, The American Association for Justice, the Richmond, Chesterfield/Colonial Heights, Henrico County, and American Bar Associations.

Mr. Cravens is a Life Member of the Million Dollar Advocates Forum, which is an organization of attorneys who have received verdicts or settlements in excess of $1,000,000.00. Less than 1% of all trial lawyers in America qualify for membership.

In 2023, Mr. Cravens was once again selected as a Top 100 National Trial Lawyer in the Commonwealth of Virginia.