“We sleep safe in our beds because rough men (and women) stand ready in the night to visit violence on those who would do us harm.”
— George Orwell
New York Military Divorce Lawyer Serving Soldiers and Their Spouses
Army, Navy, Air Force, Coast Guard, National Guard and Marines
If you or your spouse is in the military, you should know that there are special rules that govern your getting divorced.
Whether you or your spouse is deployed or not, in active duty or in the reserves, it’s critical that you choose an attorney that is experienced in handling military divorce in New York.
Our law office has successfully represented military members and their spouse’s in New York military divorce actions.
Serving Divorce Papers on Active Duty Military Members
Military divorces pose certain challenges that require an attorney who has requisite experience to handle them properly. For example, if your spouse is deployed you can’t just have him or her served as you would in a traditional divorce.
There are federal laws such as the Soldiers and Sailors Civil Relief Act (SSCRA) that protect them from being ambushed with service of process when serving our country in the armed forces.
Basically, this means you can not serve your spouse if he or she is on active duty. They can not default in appearance.
There are ways to encourage your spouse’s cooperation though, and this is where having an experienced military divorce lawyer comes in handy.
Division of Military Retirement in New York Divorce
Also, military pay and retirement benefits are highly complicated and require an attorney experienced in the ins and outs of military divorce law both on a federal and New York State basis.
As you know, there are differences in pay when you or your spouse is deployed which can drastically affect child support calculations if not address properly.
Furthermore, although New York State has laws governing the division of marital property, the United State federal government has enacted legislation entitled The Uniformed Services Former Spouses Protection Act (USFSPA) that governs the calculation and division of military pension benefits.
If you or your spouse is in the military, whether it be the Army, Navy, Air Force, Marines, Coast Guard, National Guard or other branch of the military, please give us a call at (866) 830-2064 and schedule a free consultation with one of our experienced military divorce lawyers.
I’m Deployed, Can You Help Me?
Even if you’re currently deployed, we can still help you get a fast and affordable uncontested divorce.
We’ve developed a system that allows us to help you regardless of your location. We’ve helped many active duty military members get divorced even though they were deployed in foreign countries.