What Makes Military Divorce Different

For the most part, the divorce process for members of the military is no different than it is for civilians. There are still the questions of child custody, alimony, and asset division to sort through, and you will still file the same way. There are, however, certain factors unique to military divorce that can make the already complicated process a little more difficult. At Brian D. Perskin & Associates P.C., our New York Divorce attorneys are committed to helping military members walk through this process with as little frustration as possible.

Child Custody & Visitation

Because military service requires regular deployment, custody is often awarded to the spouse who is not actively serving. Custody is not usually a point of contention in military divorces, but the visitation rights are. If you are serving in the military, you will want to ensure that you can visit your children when you are not deployed & that you can have regular contact with them when you are deployed.

Spousal & Child Support

The military requires their service members to support their families after a divorce. This support, be it spousal or child support, is determined the same way as it is in non-military divorces. Factors such as the spouse’s earning potential will be considered in determining the amount of support required.

Military Benefits & Property Distribution

As a member of the military, you are entitled to a number of unique benefits. One of the most common concerns of military divorce is what will happen to these benefits. There are laws in place to protect military spouses in the event of a divorce, but they only come into effect if certain conditions are met. For the most part, benefits will not be divided equally unless the marriage lasted at least ten years, and if you were on active duty for at least ten of those years.

If you are considering a military divorce, the experienced New York divorce lawyers at Brian D. Perskin & Associates P.C. can guide you through the unique problems that your case may involve. Call {F:P:Site:Phone} today to speak with an experienced divorce attorney!





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