Military Divorce

Virginia Military Divorce Attorneys


Top Rated Military Divorce Attorneys Providing Guidance and Protecting Your Rights During Difficult Times. Serving Northern Virginia and Hampton Roads.

Why Choose Melone Hatley, P.C.?
  • Experienced, aggressive and caring military divorce lawyers
  • Highly Rated By Clients
  • Big Law Firm experience in a boutique setting
  • Client focused approach with one-on-one attention
  • Cost-effective approach
  • Payment plans available

Questions regarding military divorce issues? Contact our office today or schedule a free initial consultation.


Table of Contents:

Military Divorce

Whether your case is contested or uncontested, military divorces offer unique challenges. From jurisdiction to deployment to child custody determinations, these cases have more moving parts than most. As a result, it’s important that any military family facing divorce has the knowledge and insight of an experienced family law attorney.

For any divorce case in Virginia, one party has to have been a resident for at least 6 months prior to filing the case. If the other spouse has no connection to Virginia, the court may not have jurisdiction to determine any property or support issues between the parties.

For military members, jurisdiction may be proper where they currently reside, where their spouse currently resides, where they are stationed, or where they last resided in the United States if serving overseas. A knowledgeable family law attorney can advise you on where jurisdiction is proper for your case.

Our Services

The attorneys at Melone Hatley, PC can help with any of the following areas:

  • Uncontested Divorce
  • Separation Agreements
  • Contested Divorce
  • Division of Property
  • Child Custody & Visitation
  • Child Support
  • Spousal Support

Special Laws for Military Divorces

The Uniformed Services Former Spouses Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA) are the two most impactful federal laws on military divorce. The USFSPA allows former military spouses to receive a portion of retirement pay as well as commissary, exchange, and health care benefits following divorce.

The SCRA offers protection for servicemembers from default judgments, evictions, and foreclosures in addition to divorce and custody determinations while on active duty.

Virginia also offers additional protection for service members in the Virginia Military Parents Equal Protection Act, which addresses the concerns of deploying parents regarding custodial and visitation decisions.

Jurisdiction over child custody may also be an issue: just because Virginia has jurisdiction over the divorce does not mean it has jurisdiction to make a custody determination. Custody jurisdiction stays in the place where the child has resided most of the time (their “home state”), which may be another state or even another country.

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Support Issues in Military Divorce

Both child support and spousal support cannot exceed 60% of a military member’s gross pay and allowances. While ordinarily the child support guidelines applied in Virginia will not exceed this limit, it’s possible a spousal support award could.

It’s vital that military members understand their rights so they are not burdened with obligations they cannot meet as a result of a divorce.

Retirement in Military Divorce

After you are married, your spouse is entitled to a portion of your retirement contributions and entitlements made any time after marriage. This includes pension, TSP, FERS, and any other retirement plan you may participate in such as a Roth IRA. Your spouse’s share of a pension is calculated as a fraction depending on the length of the marriage and length of service.

If you are negotiating an agreement, you can modify the amount your spouse can take from these accounts. For your spouse to actually receive their portion of your retirement, the court will require an additional order, known as a Qualified Domestic Relations Order. If these orders are not prepared properly, the distribution will not be done.


If you are facing separation and divorce, contact our office today to schedule a free initial consultation with a Military Divorce Lawyer.

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Went Above and Beyond

“Rebecca went above and beyond to help me with my case, not only that but she stayed level headed in every stressful situation we came across. She explained everything to me in terms that I could understand and kept me up to date on what was going on with my case.”
Melone Law
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2020-11-30T11:43:48-05:00
“Rebecca went above and beyond to help me with my case, not only that but she stayed level headed in every stressful situation we came across. She explained everything to me in terms that I could understand and kept me up to date on what was going on with my case.”

Very Prepared

“We were very prepared the day of the hearing and she stayed with me for several hours until we successfully completed the process and got all the necessary paperwork done.”

S.B.

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S.B.

“We were very prepared the day of the hearing and she stayed with me for several hours until we successfully completed the process and got all the necessary paperwork done.”

Great Choice

“Rebecca Melone was a great choice for handling our divorce. Reasonable and clear-cut fee and responsive service. I’ll definitely use her in the future should the need arise. Thanks Rebecca!”

D.K.

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2020-11-30T11:54:01-05:00

D.K.

“Rebecca Melone was a great choice for handling our divorce. Reasonable and clear-cut fee and responsive service. I’ll definitely use her in the future should the need arise. Thanks Rebecca!”

I was so impressed

“I hired Rebecca Melone to assist my small business in developing a new contract. She was so easy to talk to, definitely not your stereotype attorney type. She was so down to earth and offered so many suggestions for my business. I was so impressed with her that I just decided to have her write up a new contract all together, which she did in record breaking speed. Whatever your legal issue is, I would recommend Rebecca Melone hands down.”

K.

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K.

“I hired Rebecca Melone to assist my small business in developing a new contract. She was so easy to talk to, definitely not your stereotype attorney type. She was so down to earth and offered so many suggestions for my business. I was so impressed with her that I just decided to have her write up a new contract all together, which she did in record breaking speed. Whatever your legal issue is, I would recommend Rebecca Melone hands down.”

Easy to Work With

“Rebecca is very knowledgeable and helped me with a cross state custody case. She is very easy to work with, got things done quickly, and helped me get the results I was looking for.”

P.T.

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2020-11-30T12:27:36-05:00

P.T.

“Rebecca is very knowledgeable and helped me with a cross state custody case. She is very easy to work with, got things done quickly, and helped me get the results I was looking for.”

Gets the Job Done

“Very prompt in answering calls and replying to email, found her competitively priced and overall gets the job done in a professional and time-sensitive way.”

O.D.

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2020-11-30T12:26:06-05:00

O.D.

“Very prompt in answering calls and replying to email, found her competitively priced and overall gets the job done in a professional and time-sensitive way.”

A Consummate Professional

“Rebecca proved to be a consummate professional when handling my case, and minimized the damage so that I could move on after my mistake and get on with my life.”

J.P.

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J.P.

“Rebecca proved to be a consummate professional when handling my case, and minimized the damage so that I could move on after my mistake and get on with my life.”

I Was Very Impressed

“I hired Rebecca for my divorce. Rebecca was very informative, professional and responded to any of my questions in a prompt manner. I was very impressed by the services rendered. My divorce process was as painless and stress-free as could be. I Would definitely recommend her to anyone I know.”

R.

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2020-11-30T11:50:00-05:00

R.

“I hired Rebecca for my divorce. Rebecca was very informative, professional and responded to any of my questions in a prompt manner. I was very impressed by the services rendered. My divorce process was as painless and stress-free as could be. I Would definitely recommend her to anyone I know.”

She was Awesome

“I was seeking for an attorney to help me with my child custody/support and Ms. Melone was great. Right from the beginning, she responded very promptly and professionally. She listened to everything I had to say and gave me great honest advice on all concerns I had. At the end everything turned out in my favor. She was awesome!”

J.

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2020-11-30T11:31:00-05:00

J.

“I was seeking for an attorney to help me with my child custody/support and Ms. Melone was great. Right from the beginning, she responded very promptly and professionally. She listened to everything I had to say and gave me great honest advice on all concerns I had. At the end everything turned out in my favor. She was awesome!”

I Would Highly Recommend This Law Firm

“I received top quality legal service and advice from Rebecca and her team. She was extremely knowledgeable and experienced in all matters as the case evolved. I felt like I was in great hands the entire time. The case was settled with a positive outcome. I would highly recommend this law firm!”

M.D.

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2020-11-30T11:54:55-05:00

M.D.

“I received top quality legal service and advice from Rebecca and her team. She was extremely knowledgeable and experienced in all matters as the case evolved. I felt like I was in great hands the entire time. The case was settled with a positive outcome. I would highly recommend this law firm!”
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