There are unique issues that arise in a military divorce, as opposed to a divorce between two civilians. It is important for your New York divorce attorney to fully understand these so he or she can actively protect your rights and interests in any issue that may arise: child custody, child support, spousal support, property division and more.
When a husband or wife is on active duty, there are several issues that may apply. Specific laws protect a serviceman or woman from being held in “default” for a delayed response to a divorce action. These laws are crucial in that they protect active members of the military from being divorced without even knowing it.
Questions may also arise as to which state a military divorce may be filed in. You may file for divorce if you or your spouse reside or are stationed in New York. The grounds for a military divorce are the same as a civilian divorce, but addressing child support, spousal support and property division may be slightly different.
Spousal support and child support cannot exceed 60% of a military service member’s pay. Child support will be calculated based off state guidelines. In regard to property division, the Uniformed Services Former Spouses’ Protection Act governs what military retirement benefits may be included as marital property and divided in a divorce. Retirement benefits will not be awarded unless they have been married for at least 10 years while one spouse was on active duty.
At Brian D. Perskin & Associates P.C., we are committed to representing clients throughout New York who are on active duty or whose spouse is on active duty, addressing the many issues that may arise in a military divorce. Our knowledge of these specialized cases and our experience in this field can help you seek the most advantageous outcome to your divorce. Contact a New York military divorce lawyer at our firm today.