Military Divorce Lawyer Chesapeake, VA

For service members and military spouses in Chesapeake, Virginia, divorce involves not only the common issues of asset division, child custody India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction, and support—it also raises distinct legal questions under the Servicemembers Civil Relief Act and the Uniformed Services Former Spouses’ Protection Act. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. serve clients throughout the Hampton Roads area, including the communities of Chesapeake, Deep Creek, Great Bridge, and Greenbrier. The firm’s Richmond location regularly handles military family law matters in the Chesapeake Circuit Court and the Chesapeake Juvenile and Domestic Relations District Court. Whether your case requires division of a military pension, temporary relief during deployment, or a custody arrangement that accounts for a parent’s service obligations, you can reach our firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

On This Page

What Military Divorce Means in Chesapeake, VA

Chesapeake sits in the heart of Virginia’s Hampton Roads region, which has a large active-duty and retired military population. Divorce proceedings for service members and their spouses proceed through the same Virginia courts as civilian divorces, but federal protections and procedural rules create important differences. The Chesapeake Circuit Court on Albemarle Drive has exclusive jurisdiction over divorce, equitable distribution, and spousal support. The Chesapeake Juvenile and Domestic Relations District Court hears standalone custody, visitation, and support matters. Virginia is an equitable distribution state under Va. Code § 20-107.3, meaning the court divides marital property—including military retired pay—fairly, but not necessarily equally.

Chesapeake General District Court is currently presided over by Hon. Michael R. Katchmark. Court hours: Mon-Fri 8:00AM-4:00PM. Counsel appearing on family law matters should plan filings accordingly.

Two federal statutes directly shape a military divorce in Chesapeake. The Servicemembers Civil Relief Act (50 U.S.C. §§ 3901–4043) allows a service member to request a stay of court proceedings if military duties materially affect the member’s ability to participate. The Uniformed Services Former Spouses’ Protection Act (10 U.S.C. § 1408) permits state courts to treat military disposable retired pay as marital property and, under certain conditions, to order direct payment to the former spouse. Under 10 U.S.C. § 1408(d)(2), a former spouse may receive direct payment of retired pay if the marriage lasted at least ten years overlapping with ten years of the member’s creditable service. Even if the ten-year threshold is not met, the court may still divide the retirement as part of equitable distribution. Service of process and child custody also require careful handling when one parent is deployed or stationed outside Virginia.

How Mr. Sris and His Of Counsel Handle Military Divorce Cases

Mr. Sris and his Of Counsel approach each military divorce with attention to the interplay between Virginia domestic relations law and the federal protections and benefits that affect service members and their families. The team identifies early whether the SCRA stay protections apply and whether the member’s deployment schedule will require scheduling accommodations or alternative procedures. They work with clients to gather military pay and pension records—including Leave and Earnings Statements, Thrift Savings Plan information, and retirement-point summaries—so that the marital share of these assets can be properly identified and valued.

When child custody and visitation are at issue, the firm develops parenting plans that account for deployment, sea duty, or permanent change of station orders. Virginia custody decisions are guided by the trusted-interest factors in Va. Code § 20-124.3, and the court will evaluate each parent’s ability to maintain a consistent relationship with the child. Mr. Sris and his Of Counsel also address spousal and child support calculations, ensuring that the service member’s allowances and in-kind benefits are correctly treated under Virginia’s guidelines. Throughout the process, the goal is to reach a resolution—whether through a negotiated separation agreement or litigation—that protects the client’s legal rights while respecting the demands of military service.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. A former prosecutor, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His familiarity with state legislative process and court practice informs the firm’s representation of service members and their spouses throughout Virginia.

Mr. Sris and his Of Counsel bring extensive combined legal experience to military family law matters. The firm has handled cases in Chesapeake courts across multiple practice areas, with documented results in this locality. Results may vary. Every client’s matter is treated with individual case review, and the firm’s attorneys work collaboratively to address the unique procedural and substantive issues that arise when military service and family law intersect.

Frequently Asked Questions

How does military deployment affect divorce proceedings in Virginia?

Deployment can delay a divorce when the service member invokes the Servicemembers Civil Relief Act stay. A court must grant at least 90 days when a member requests a stay and provides a statement explaining how military duties materially affect the ability to defend the case. The stay may be extended. For the non-deployed spouse, the case can still move forward on issues such as custody and temporary support, but a final divorce decree may need to wait until the member can participate. Mr. Sris and his Of Counsel help clients navigate these timing issues.

Can a military spouse claim part of my pension in a Chesapeake divorce?

Yes. Virginia courts treat military disposable retired pay as marital property subject to equitable distribution under Va. Code § 20-107.3. The portion awarded to the former spouse depends on the length of the marriage overlapping the member’s service. The Uniformed Services Former Spouses’ Protection Act allows the Defense Finance and Accounting Service to send direct payments if the marriage lasted at least ten years overlapping with ten years of creditable service, but even without the ten-year overlap the court may divide the pension as part of the overall property settlement.

What is the Servicemembers Civil Relief Act and how does it apply to divorce?

The SCRA (50 U.S.C. §§ 3901–4043) provides civil protections to active-duty service members, including the right to request a stay of divorce proceedings if military service materially affects the member’s ability to participate. The stay is initially for at least 90 days and can be extended. The SCRA also restricts default judgments against service members and imposes service-of-process requirements. These protections are designed to ensure that military personnel are not disadvantaged in court while they are serving the country.

Do I need a lawyer for a military divorce in Chesapeake, VA?

While you are not legally required to have an attorney, a military divorce involves overlapping state and federal laws that can be difficult to navigate without experienced counsel. Mistakes in valuing a military pension, failing to properly address the SCRA, or not handling deployment-related custody issues can have long-term financial and family consequences. Mr. Sris and his Of Counsel can help you understand your rights and obligations under Virginia law and the applicable federal statutes. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How does Virginia handle child custody India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction when one parent is in the military?

Virginia courts decide custody based on the best interests of the child under Va. Code § 20-124.3, considering each parent’s ability to maintain a consistent relationship with the child. A parent’s military deployment or relocation does not automatically disqualify them from custody, but the court may consider the parent’s availability and the feasibility of a parenting plan that accommodates service obligations. In many cases, family care plans and extended-family visitation provisions are part of the final order. Mr. Sris and his Of Counsel help clients craft practical, enforceable custody arrangements.

Authoritative sources: Virginia Code Title 20 — Divorce • Chesapeake Circuit Court • Servicemembers Civil Relief Act (50 U.S.C. §§ 3901–4043)

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.

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