Strategic Representation From A Skilled Roanoke Military Divorce Lawyer
Handling a divorce while balancing active duty, relocations or retirement preparation is immensely difficult for servicemembers and their spouses. Lutins & Pilgreen, PC, can step in to help you. Our military divorce attorney, J. Emmette Pilgreen IV, protects your parental rights, income and military assets in the event of a divorce.
Mr. Pilgreen has more than 30 years of courtroom experience. He uses a practical, business-focused approach to protect military benefits for active-duty personnel, military veterans and military spouses of all varieties. He can represent you whether you are currently living in the Roanoke Valley area or whether you are located out-of-state or overseas.
Dividing Retirement Assets Under Federal USFSPA Rules
The Uniformed Services Former Spouses’ Protection Act allows state tribunals to classify disposable retired pay as marital property. When it comes to military pension division in a Virginia divorce, judges apply Virginia Code Section 20-107.3 to calculate the share of retirement benefits.
The so-called 10/10 rule determines whether the Defense Finance and Accounting Service (DFAS) can issue direct payment of a former spouse’s share of military benefits. To qualify, a marriage must have lasted at least 10 years. At least 10 of those years must have overlapped with military service.
As a military divorce lawyer, Mr. Pilgreen also has a solid financial background. This allows him to value military pensions accurately. He explains your options regarding Thrift Savings Plans and Survivor Benefit Plans to achieve equitable property division.
Accounting For BAH, BAS And Support Mandates
Child support and spousal support in a military divorce encompass more than just a servicemember’s base earnings. Courts account for the total gross compensation of military pay structures, including:
- Basic Allowance for Housing
- Basic Allowance for Subsistence
- Special duty compensation
- Incentive bonuses
- Hazardous duty pay
Because courts count nontaxable allowances such as BAH and BAS as gross income, support calculations may increase significantly. Mr. Pilgreen will verify the financial figures so that child support or alimony payments remain fair.
Managing Child Custody In Virginia For Active-Duty Parents
Mr. Pilgreen has extensive experience with military child custody and deployment in Roanoke. He can help you reach custody arrangements that address temporary duty assignments, permanent changes of station and long-distance parenting schedules.
During military assignments, the court may issue temporary custodial arrangements without waiving a parent’s rights permanently. Mr. Pilgreen also applies the Servicemembers Civil Relief Act to divorce in Virginia. The Servicemembers Civil Relief Act allows deployed service members to request temporary stays of court proceedings to prevent default judgments while one spouse serves out-of-state or overseas.
Get Help From A Knowledgeable Military Divorce Attorney In Roanoke
Work with Lutins & Pilgreen, PC, to protect your military retirement benefits and parental rights. Mr. Pilgreen is prepared to provide the honest, straightforward counsel that you deserve. To request a completely confidential consultation, please call 540-627-5150 or use the firm’s online contact form today.