Military Divorce Lawyer Near Me

If you are a service member or military spouse in the Roanoke Valley or across Virginia, and a divorce is imminent, you likely want an attorney who understands the distinct intersection of federal service‑member protections and Virginia family law. A military divorce involves the same core issues as a civilian divorce — equitable distribution, spousal support, child custody — but also layers on provisions unique to the armed forces, such as the Servicemembers Civil Relief Act (SCRA) and the division of military retired pay under the Uniformed Services Former Spouses’ Protection Act (USFSPA). At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys have extensive experience handling divorce cases for clients connected to every branch of the military. Reach our Roanoke‑area location at (888) 437-7747 to request a confidential consultation about your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Military Divorce Means in Virginia

Virginia is an equitable distribution state, not a community property state. That means marital assets — including military retirement benefits that qualify as marital property under the USFSPA — are divided fairly, but not necessarily equally, after a court considers the factors in Va. Code § 20‑107.3. Service members stationed at installations like Fort Barfoot or the Dahlgren Naval Surface Warfare Center, as well as those who are deployed or stationed elsewhere but maintain Virginia domicile, often find that the state’s six‑month residency requirement (Va. Code § 20‑97) is straightforward to meet. But other aspects of a military divorce, such as how custody is handled during a deployment or how to calculate spousal support when BAH and BAS are non‑taxable, demand a working knowledge of both Virginia law and the SCRA.

Virginia courts also apply the SCRA to protect service members from default judgments when military duties materially affect their ability to participate. The law allows the service member to request a stay of proceedings for at least 90 days. This does not derail the divorce; it ensures a fair process. Mr. Sris and the firm’s Of Counsel attorneys routinely appear in the circuit courts of the Twentieth and Twenty‑third Judicial Districts — which cover the Roanoke, Salem, and surrounding localities — and are prepared to handle the additional affidavit and notification requirements that a military divorce can trigger.

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

Every military divorce starts with early, thorough fact‑finding. Mr. Sris and the firm’s Of Counsel attorneys work to confirm the service member’s domicile, identify which years of service overlap with the marriage for purposes of the marital share of retired pay, and gather the necessary Leave and Earnings Statements, Defense Finance and Accounting Service records, and any relevant family-support regulations. Because many military families have moved multiple times during the marriage, property classification can be more complex than in a civilian divorce; the approach is to construct a clear picture of assets, debts, and income sources before formal discovery begins.

The team then develops a strategy that accounts for the service member’s potential deployment or training schedule, the existence of a servicemember’s designated family-support obligations under branch regulations, and, where children are involved, a parenting plan that works around unpredictable duty requirements. When one spouse is a service member and the other is a civilian living in the Roanoke area, the attorneys handle all necessary steps to protect the civilian spouse’s rights to support and a fair property division without unnecessary delay. Throughout the case, Mr. Sris and the firm’s Of Counsel attorneys stay in regular communication so that both the service member and the non‑military spouse understand the timeline, costs, and realistic outcomes. Results may vary. Past outcomes do not guarantee a similar result.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, which allows the firm to represent clients whose military service has taken them across multiple state lines. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background in accounting and information systems applies directly to cases that involve valuing military pensions, retirement accounts, and other complex financial assets.

The firm’s Of Counsel attorneys include practitioners with decades of experience in family law, criminal defense, and civil litigation. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience in the courtroom and at the negotiating table. The team appears in the circuit courts of the cities and counties around Roanoke, including the Roanoke City Circuit Court and the Salem Circuit Court, as well as Juvenile and Domestic Relations District Courts for custody and support matters. Results may vary.

Frequently Asked Questions

Can I file for divorce in Virginia if my spouse is deployed?

Yes, you can file for divorce in Virginia even if your spouse is deployed, provided you meet the residency requirement and the court has personal jurisdiction over the service member. The SCRA may allow the service member to request a stay so that proceedings do not move forward while military duties materially affect their ability to participate. This is not an automatic bar to the divorce; it simply pauses the case. The stay must be requested, and the court retains discretion to grant or deny it based on the specific circumstances. A deployment does not eliminate your right to seek divorce, support, or custody, but it does require careful attention to procedural rules. Mr. Sris and the firm’s Of Counsel attorneys know how to handle service on a deployed service member and how to present motions for temporary support or custody while the divorce remains pending.

How is military retirement pay divided in a Virginia divorce?

Military retired pay is divided under the USFSPA, which allows state courts to treat disposable retired pay as marital property subject to equitable distribution. Virginia follows an equitable distribution model under Va. Code § 20‑107.3, meaning the court will determine what portion of the retired pay is marital — typically the fraction that corresponds to the years of marriage overlapping with years of creditable service — and then divide that portion fairly, though not necessarily equally. The formula is often referred to as the “marital share.” Actual division is accomplished through a court order acceptable for processing by the Defense Finance and Accounting Service. A Qualified Domestic Relations Order is not used for military retired pay; instead, a military retired pay division order is drafted to meet DFAS requirements.

Does a military member always have to pay spousal support?

No, a military member is not automatically required to pay spousal support; support depends on the statutory factors under Va. Code § 20‑107.1, including the financial circumstances of each spouse and the standard of living during the marriage. However, each branch of the armed forces has regulations that require a service member to provide adequate support to family members. Those regulations can influence the amount and timing of support while the divorce is pending. In Virginia, the court will consider all sources of income, including basic pay, basic allowance for housing (BAH), and basic allowance for subsistence (BAS), even though the allowances are non‑taxable. An experienced attorney can make sure the support calculation fairly reflects the service member’s total compensation.

What happens to child custody when a parent is a service member?

Virginia courts apply the same best‑interests‑of‑the‑child standard under Va. Code § 20‑124.3 to military and civilian parents, but they must also account for the demands of military service, such as deployment, relocation, and training schedules. A parenting plan in a military divorce often includes provisions for virtual visitation, delegation of parenting time to a family member during deployment, and expedited modification procedures. Virginia law also provides that a service member’s deployment cannot be the sole factor used to deny custody or visitation. Mr. Sris and the firm’s Of Counsel attorneys work to create a plan that protects the service member’s relationship with the child while ensuring stability for the child when the service member is away.

How do I find a military divorce lawyer near me in Roanoke, Virginia?

You can reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to schedule a consultation with Mr. Sris and the firm’s Of Counsel attorneys, who handle military divorces throughout the Roanoke Valley. The firm’s Fairfax Location serves clients in the Roanoke City and Salem areas as well as many surrounding counties. Because every military divorce raises unique issues — from the division of a Thrift Savings Plan to the impact of a service member’s VA disability rating on the marital estate — a consultation is the trusted way to get a clear picture of your legal options. Phones are answered 24 hours a day, seven days a week.

Primary‑Source Resources

For your own research, you can review the following official sources:

• Virginia Code Title 20, Domestic Relations — contains the state’s divorce, custody, support, and equitable distribution statutes.
• Roanoke City Circuit Court — the Virginia court where divorce cases for the Roanoke area are filed.
• DFAS: Uniformed Services Former Spouses’ Protection Act — official information on how military retired pay is divided.

Last reviewed: July 2026

Attorney advertising. Prior results do not guarantee a similar outcome.

Case results depend on a variety of factors unique to each case. Attorney responsible for this advertising: Mr. Sris. Results may vary.