Unfortunately, sacrifices made by married military servicemembers and their families can put a significant strain on their marriage. This strain sometimes results in couples making the decision that divorce is the best way forward to protect their respective emotional health and to preserve the financial well being of their families. Military divorces have unique issues and rules that fall outside the purview of a typical civilian divorce. At the law firm of Kurylo Gold & Josey, PLC in Fredericksburg, Virginia, our experienced family law attorneys represent members of the military and their spouses in working through the military divorce process and obtaining favorable outcomes regarding division of property, spousal support, child custody, child support, and other legal issues exclusive to a military divorce.
Although the military has its own system of courts to address certain legal matters related to the military, these courts do not have jurisdiction to dissolve marriages and thus they cannot grant a divorce or dictate the terms of a divorce decree entered between a servicemember and his or her spouse. Instead, military servicemembers and their spouses must file for a divorce with the appropriate circuit court in Virginia. This process often involves presenting a full disclosure of the parties’ assets and income, arguing over the proper division of the servicememeber’s military retirement, and handling custody matters pursuant to the Servicemember’s Civil Relief Act (SCRA). The attorneys at Kurylo Gold & Josey, PLC are experienced in handling all of these issues in a military divorce.
Federal and state law, including the SCRA and Virginia Military Parents Equal Protection Act, provide entering, deployed, or deploying servicemembers additional protections in civil suits. These protections include the ability of a servicemember to postpone or suspend a civil action and giving servicemembers unique rights in custody and visitation disputes. Our attorneys are experienced and well versed in these laws and understand what idiosyncrasies are required to be followed in representing both the servicemember and the service member’s spouse.
Oftentimes, a servicemember’s pension is one of the more significant assets in a marriage. Under Virginia law, the portion of a military pension accrued from the date the servicemember and spouse were married to the date of separation is considered marital property, and thus subject to division between the spouses upon the entry of a final divorce decree. Although a pension may not be distributed until years after the divorce, a court can order that a portion of the pension distribution be automatically sent to the former spouse.
Qualifying former spouses of servicemembers may also be entitled to other military benefits including military-related health care benefits and a survivor benefit insurance plan. Our family law attorneys can walk you through the benefits that are available to you or your spouse provided the unique aspects of your case.
Whether you are a member of the military or a spouse in a military family, we are here to listen to your story and help you navigate the legal questions and challenges you may be facing as you consider entering into the divorce process. As family law attorneys, we know that divorce is emotionally challenging, but we will work with you to answer all of your questions and guide you towards the best outcome for your situation. Call Kurylo Gold & Josey, PLC to schedule a consultation.
Matt Kurylo began his legal career as a legal services specialist in the U.S. Marine Corps in 1998, then as an attorney in Fredericksburg in 2007. He is the founding partner of Kurylo Gold & Josey. In addition to providing assistance to clients, Matt serves as the firm’s managing partner.
Emily Gold focuses on matters of criminal and traffic defense, as well as family law, including divorce and child issues such as custody and visitation. She grew up in Virginia Beach, Virginia, and attended the University of Virginia and George Mason University School of Law.
Sara is a native of Kentucky but grew up primarily in Raleigh, North Carolina. After graduating in three years summa cum laude, Sara attended Campbell Law School, in North Carolina. Sara practices primarily family law and estate planning matters.