Fairfax, VA Attorney Provides Family Law Services for Military Professionals
Experienced divorce lawyer understands life in the military
Since 1982, the Law Offices of Michael Kevin Murphy, PLLC has represented active retired service members and their spouses in military divorce actions in Northern Virginia and Washington, D.C. Military divorce follows the same process as a civil divorce, but has added complexities due to the service obligations of the parties and the military benefits that must be divided. The firm handles all aspects of divorce, including child support, custody and visitation, and division of property. We manage contested and uncontested divorces, using traditional negotiation, mediation, collaborative team divorce and courtroom litigation. Because of our longtime association with the United States military, we understand the special challenges of service members and their spouses, as well as the special requirements for military asset division.
Capable management of military retirement division and benefits in Fairfax, Virginia
After more than 30 years of military divorce practice, the Law Offices of Michael Kevin Murphy is adept at handling legal complexities related to life in the service. The firm is prepared to assist you matters related to:
- Uniformed Services Former Spouses Protection Act (USFSPA) — This federal law protects eligible military spouses. It authorizes the use of state law to resolve conflicts related to ancillary divorce issues, such as child custody, child support, alimony and the division of property. Perhaps most importantly, the law allows state courts to treat retired military pay as property, rather than income.
- Military pensions — There are many factors to consider when negotiating the division of a military pension, including whether the service member is active or retired, the duration of the marriage, and the overlap of the marriage and the military service.
- Military Survivor Benefits Plans — A spouse who is the named beneficiary in a Military Survivor Benefits Plan need not remain the beneficiary after divorce.
- OPM Orders Suitable for Processing — The order you get from a state court must be acceptable for processing by the United States Office of Personnel Management, or you will not obtain your desired outcome. Our firm has the experience to ensure that the court order conforms to all OPM regulations for ease of processing.
- Enforcement of family law orders from other states — All states must give full faith and credit to court orders from other states. If you were divorced in another state and are now residing in Virginia, your divorce decree still has the force of law behind it. We can advise you on the proper enforcement procedures to ensure that your ex-spouse honors your court order.
- Defense Finance and Accounting Services (DFAS) — The firm can arrange for direct retirement payments to be made to eligible spouses. To be eligible, a couple must have been married for at least ten years with at least ten years of overlapping military service. The maximum amount of pension income an ex-spouse can receive is 50 percent. If child support is included, the maximum is 65 percent.
If you are seeking a military divorce in Virginia, at least one of the spouses must meet the residency requirement of six months. However, a service member can apply time deployed as long as the service member was stationed in Virginia prior to shipping overseas. A service member can also use time deployed as a period of legal separation for filing a no-fault divorce.
Contact a Fairfax, VA law firm proficient in military divorce
The Law Offices of Michael Kevin Murphy, PLLC manages divorce proceedings for active and retired service members and their spouses in all branches of the military. If you are considering divorce in Virginia, regardless of where you are currently stationed, the firm can help. To schedule a consultation, call today at 571.385.0237 or contact the firm online.