Legal Question in Family Law in Virginia

Re: divorce and military retirement

If you cannot afford to hire a lawyer, you would be well advised to see whether one of the low cost legal services providers in your area can provide one to you at minimal cost. Otherwise, after 25 years of marriage, you may not get what you're entitled to in the divorce.

Re: divorce and military retirement

I am sorry to hear about your situation. If you are able to communicate with your husband, you and your husband should try marital counselling to determine if you can preserve your marriage. If you determine that you are unable to preserve your marriage with counselling, you should consider Alternative Dispute Resolution (ADR) processes, such as mediation, which may prove to be less adversarial, faster and less costly than a contested divorce case.

If you are unable to preserve your marriage or resolve your differences through mediation, you should discuss with a Virginia attorney your right to an equitable distribution of your marital property, including the military pension. Many family law attorneys offer a free initial consultation.

If you are not able to afford an attorney, you should contact one of the following organizations providing pro bono (free) legal services in Virginia: Blue Ridge Legal Services, Inc.,

Legal Services Corporation,

Southwest Virginia Legal Aid Society, and

Virginia Poverty Law Center.

If they are not able to provide you with pro bono legal services, they may be able to direct you to an attorney who would be willing to take your case on a pro bono basis.

A Virginia court can waive fees and costs for an indigent party. In addition, you can ask a judge for pendente lite relief (immediate relief while the divorce suit is pending), including among other things, child support, spousal support or maintenance, attorney's fees or amounts necessary to carry on the suit, and exclusive use and possession of the marital residence.