Military Divorce

Rockland County Military Divorce Attorney

Guiding servicemembers through divorce in New York

On its own, divorce is a very complicated matter. When one or both of the parties involved in a divorce are members of the military, the situation may become significantly more complex. Despite the fact that servicemembers must address all of the same issues as civilian divorces, they may be faced with additional complications. Depending on the servicemember, he or she may be involved in training or a deployment in a place that may make the divorce more difficult. A military member may be unavailable for days, weeks, or months at a time, making it near impossible to serve papers or meet for counseling sessions. If you are getting divorced as a servicemember or the spouse of one, it is important to have an attorney who can represent your needs through the process. Contact The Law Office of Peter L. Jameson, PLLC to schedule a consultation today.

Residency requirements for military divorces

Any couple, regardless of military status, must meet a residency requirement in order to begin the divorce. The reason for a residency requirement is simply that the state needs to determine which court has jurisdiction over the case. Often, divorcing couples get divorced in the county and state in which they currently reside. However, this is not always easy to establish for members of the military because they may not spend more than a few months in one place before moving to the next. As a result, both New York State and the federal government has provided other options. Military couples can file for divorce in the state where the couple has established legal residence, where the servicemember is stationed, or where the servicemember claims legal residency.

Child custody matters in military divorces

Child custody is often one of the most emotional topics to address when it comes to divorce. Often times, servicemembers are worried that they will lose custody because of frequent time away from home. However, both parents have equal entitlement to child custody in the eyes of the court.

Protection from Default Judgments

One of the biggest challenges that servicemembers face as they go through a divorce is the almost impossible task of being present for all court dates due to a busy work schedule, deployments, and long training exercises. The federal government recognized this challenge and ruled in the Servicemembers Civil Relief Act that courts are not permitted to make a default judgment in the event that the servicemember isn’t present because they are on duty. The law requires that either the servicemember or their legal counsel is present in court for any decisions regarding property distribution, alimony, child support, child support, amongst others.

What happens to my military pension in divorce?

One major concern for members of the military facing divorce is the issue of pension. Many servicemembers wonder if their military pension is marital property. The Uniformed Services Former Spouse Protection Act of 1982 ruled that in some circumstances, a military pension can be divided equitably in a divorce. This is applicable when the couple has been married for 10 years during a 10-year period that they were active duty in the military. This is known as the 10/10 rule.

Contact a Rockland County Attorney with Military Divorce Experience

When a member of the military or the spouse of one needs guidance in a divorce or family law matter, our firm is here to help. The Law Office of Peter L. Jameson, PLLC understands that a difficult situation is compounded by one party being a servicemember. Contact The Law Office of Peter L. Jameson, PLLC to schedule a consultation.