Military Divorce

Rockland County Military Divorce Attorney

usa-1149896Representing servicemembers through New York divorces

Divorce can be complex. When a member of the military is faced with divorce, it becomes even more complicated. Military members must address the same applicable issues as civilians engaged in divorce. These include spousal maintenance, child support, child custody and visitation, and property distribution. There are major differences that lie in the process of a military divorce, namely the considerations offered to military members as they are away on duty. The Law Offices of Mark S. Paige, P.C. is honored to protect the rights of servicemembers and their families as they are away protecting ours. If you are a military member that need quality legal services from an effective and passionate Rockland County divorce law firm, contact The Law Offices of Mark S. Paige, P.C. for a consultation.

Residency requirement and military divorce

When a couple wants to get a divorce in New York, they must satisfy the residency requirement imposed by the state. A residency requirement allows a court to have jurisdiction over a case. When a military member is on active duty, frequent moves in and out of the country make satisfying the residency requirement almost impossible. For this reason, the federal government, in tandem with New York State, allow leniency on this matter. Military members or their spouses may file for divorce in the state where the military member claims legal residency, a military member is stationed, or the couple has an established legal residence.

Default judgments and military divorce

When litigating a civilian divorce, both parties must be present. If one party does not show for the court date, the judge will often issue a default judgment in favor of the other party. When a military member is active, they are protected from default judgments under the Soldiers and Sailors Civil Relief Act. In accordance with this law, the military member must be present or have counsel present during the case for the court to continue. This is true for all family law matters, including property distribution, alimony, child support, child custody and more.

Child custody and military divorces

The fact that a person is away on active duty should not impact their rights to child custody. Our country’s laws protect servicemembers who are away on duty for over 30 days or absent because of service-related injury or sickness. As stated above, the court cannot rule against military personnel who are away through a default judgment. Furthermore, the law provides for some flexibility and consideration for issues like temporary custody hearings and modifications.

Military pension and divorce

The Uniformed Services Former Spouse Protection Act of 1982 states that courts can consider a military pension “marital property” under certain circumstances. The 10/10 rule applies to couples that have been married for 10 years when the military spouse has served creditable military service for over 10 years. Under these circumstances, a civilian spouse could be entitled to a portion of a military member’s pension directly sent from the Defense Finance and Accounting Service.

Contact a Rockland County Attorney to protect your rights while you protect ours

The Law Offices of Mark S. Paige, P.C. is honored to serve the needs of military members who are faced with New York divorces. It is important for servicemembers to understand their rights and have effective representation when divorce is in their future. If you are a military service member and need quality legal representation, contact The Law Offices of Mark S. Paige, P.C. for an initial consultation.