Military Divorce Lawyer New Kent County, VA
Service members and military spouses in New Kent County face divorce issues that most civilians never encounter—from the Servicemembers Civil Relief Act to the division of military retired pay. Law Offices Of SRIS, P.C., Concentrates on military divorce cases and represents clients at New Kent County Circuit Court and New Kent County Juvenile & Domestic Relations District Court. Mr. Sris, who founded the firm in 1997, understands the interplay between state equitable distribution law and federal military pension rules. The firm’s Richmond location is a short drive from New Kent via I‑64, and consultations are available by appointment. Whether the question is staying a proceeding under the SCRA, valuing a Thrift Savings Plan, or negotiating a custody schedule that works around deployment, Mr. Sris can provide guidance. For a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Military Divorce Means in New Kent County, Virginia
New Kent County sits along the I‑64 corridor between Richmond and Williamsburg, and many residents have ties to nearby installations such as Fort Eustis, Naval Weapons Station Yorktown, and Langley Air Force Base. A military divorce here follows Virginia law—the Commonwealth is an equitable distribution state—but also must account for federal statutes that civil divorce lawyers may overlook. The New Kent County Circuit Court, located at 12001 Courthouse Circle, handles divorce, equitable distribution, and spousal support. Standalone custody, visitation, and child support matters are heard in the Juvenile & Domestic Relations District Court. Mr. Sris appears in both courts and works to protect the rights of service members and their spouses while navigating the sometimes complex jurisdictional and procedural rules that arise when one party is on active duty.
Military divorce can include division of disposable retired pay under the Uniformed Services Former Spouses’ Protection Act, application of the Servicemembers Civil Relief Act to stay proceedings or set aside defaults, and child support calculated under Virginia’s guidelines while accounting for BAH and other military allowances. Because New Kent County’s Circuit Court has exclusive jurisdiction over divorce, all property division, including military pension orders, is decided there. Law Offices Of SRIS, P.C. has documented case results in New Kent County, including family law matters, and favorable outcomes have been reported across the firm’s practice. Results may vary.
New Kent County General District Court is currently presided over by Hon. Wade A. Bowie. Court hours: Mon-Fri 8:00AM-4:00PM. Counsel appearing on family law matters should plan filings accordingly.
How Mr. Sris Handles Military Divorce Cases
Mr. Sris approaches each military divorce by first identifying what federal protections or obligations apply. He reviews the service member’s LES, determines the jurisdiction for pension division, and advises on the SCRA’s impact—for example, whether a stay of proceedings is available or whether a default judgment can be set aside if the service member was unable to participate due to military duties. The team works to structure property division under Virginia’s equitable distribution factors while also preparing the necessary orders to divide military retired pay at the appropriate time.
Because military families often relocate, the firm also addresses child custody and visitation in a way that accounts for deployment, PCS moves, and the service member’s unpredictable schedule. Mr. Sris’s background includes testimony before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill that revised the state’s equitable distribution statute—experience that informs the firm’s handling of complex property division, including retirement assets and military pensions. Throughout the process, the focus is on achieving a fair result while respecting the unique pressures that military life imposes on families.
About Mr. Sris
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings insight into how the legal system works from both sides of the courtroom. The firm’s attorneys bring over 120 years of combined legal experience, backed by 4,739+ documented firm-wide results, to the representation of clients in New Kent County and throughout Virginia. Results may vary.
Frequently Asked Questions
What is a military divorce, and how is it different?
A military divorce involves one or both spouses who are current or former members of the armed forces, and it can raise issues not present in a civilian divorce—such as how the Servicemembers Civil Relief Act affects court scheduling, whether a service member’s military retired pay is divisible, and how deployment influences child custody arrangements. In Virginia, the same equitable distribution statute governs property division, but federal law adds requirements. The New Kent County Circuit Court has authority over the divorce itself, while child‑related matters may also be heard in the Juvenile & Domestic Relations District Court. Working with counsel who understand both state and federal rules helps ensure that no military‑specific right or benefit is overlooked.
How does the Servicemembers Civil Relief Act apply to a New Kent County divorce?
The SCRA allows a service member to request a stay of court proceedings for at least 90 days if military duties materially affect the ability to participate, and it provides a mechanism to reopen a default judgment entered while the service member was on active duty. The request must be supported by a letter from a commanding officer. The New Kent County Circuit Court evaluates such motions on the facts of each case. If you are a civilian spouse, the SCRA does not stop the divorce altogether, but it can affect the timeline. Mr. Sris can advise both sides on how the Act may impact the pace of the case.
How is a military pension divided in a Virginia divorce?
Under the Uniformed Services Former Spouses’ Protection Act, state courts may divide disposable military retired pay as marital property if the court has jurisdiction over the service member. Virginia courts classify the marital share of the pension—generally the portion earned during the marriage—and then distribute it equitably under the factors in Va. Code § 20‑107.3. A separate order, often called a military retired pay division order, is needed to direct the Defense Finance and Accounting Service to make payments. The order must comply with timing and formula rules, so careful drafting is essential. For a consultation about your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can child custody work when one parent deploys?
Virginia law allows courts to enter temporary custody orders that protect the service member’s relationship with the child during deployment, including provisions for virtual visitation, delegation of parenting time to a family member, and a return to the previous schedule upon the parent’s return. The New Kent County Juvenile & Domestic Relations District Court or the Circuit Court can incorporate deployment‑related terms into a custody or visitation order. Mr. Sris helps craft plans that anticipate the service member’s absence and provide a clear path for resuming the parent‑child bond once deployment ends.
Do I need a lawyer for a military divorce in New Kent County if we already agree on everything?
Hiring a lawyer is not required by law, but even an uncontested military divorce carries unique traps—such as the correct valuation of a military pension, the need for a Supplemental Property Order, and the SCRA’s effect on the defendant’s ability to participate—that can lead to mistakes if handled without legal guidance. A written separation agreement that fully resolves all issues can streamline the process, but the petition must still comply with Virginia’s pleading requirements. Mr. Sris can prepare or review the paperwork to help ensure that the final decree is enforceable and that no military‑specific benefit is left unaddressed. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Mr. Sris also represents clients in Family Law matters in Fairfax County, Prince William County, and Manassas.
For more background on the statutes that apply, read the Virginia Code Title 20 (Domestic Relations) and visit the New Kent County Circuit Court website.
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.