Military Divorce Attorney in New York
Serving Military Members in the Hudson Valley
If one or both members of a married couple currently serve or have served
in the U.S. Armed Forces, different rules and regulations apply when they
divorce. If either you or your spouse is a member of the armed services, our military
divorce lawyers at Michael R. Varble & Associates, P.C. can help you
understand the specifics related to your divorce. Because of our three
office locations, we can offer
one-on-one attention, working to streamline your case as we pursue the best outcome possible
for you and your family. Members of the Armed Forces face a more complex
situation in divorce. Both state and federal laws determine military divorce
proceedings. While federal laws may affect where a couple must appear
in court, state laws can impact issues of alimony and spousal support.
Couples pursuing a military divorce can generally apply for divorce in
the state in which they are stationed, even if neither partner is a legal
resident of that state. They can also choose to file for divorce in the
state where the spouse who is filing resides or the state in which the
service member can claim legal residency. The Servicemembers Civil Relief
Act (SCRA) also dictates that service men and women cannot initiate the
divorce process while on active duty or within 60 days of being on active duty.
Understanding Military Pensions and Benefits
Similar to a civilian divorce, military divorce proceedings involve the
division of a couple's assets. For service men and women, this may include
military benefits and pensions. Division of these assets depends on the
length of the marriage and the amount of time the marriage overlapped
a service member's military career. However, a court may require a
spouse to pay additional support outside of these defined rules. While
the various regulations related to military divorce may seem arduous,
military divorces can be resolved more quickly with professional counsel
that has experience. Our experienced military divorce attorneys are ready
to help you navigate the process.
Contact us for a
free case evaluation today.