The Elliot Green Law Offices are Brooklyn, New York divorce attorneys who can assist you with your specialty divorce. If you are in the military, in many ways your divorce will be similar to a civilian divorce. In fact, the military considers divorce a private matter and generally doesn’t get involved when couples decide to split. Basically, you’ll need to make decisions about dividing bank accounts, debts, assets, and make a parenting plan for your children. However, if you are in the military and are considering getting divorced, you might be facing unique challenges. Military divorces may be subject to local jurisdiction in New York, may be subject to military laws, and other rules. Navigating these complex rules can be a challenge without the assistance of a lawyer. The Elliot Green Law Offices are divorce lawyers in Brooklyn, New York who can help you navigate some of the unique challenges that can arise with a military divorce.
What are some of the challenges of military divorce? Every state has residency requirements when it comes to filing for divorce. If one or both spouses are in the military, are stationed overseas, or live in different states, deciding where to file is essential, and deciding which state you qualify for residency can sometimes be a unique challenge. The divorce process can be more involved in one partner is on active duty during the divorce, or if both parties live apart, because proper service of papers must be performed. When dividing assets and wages, military divorce can also have its unique challenges. For example, in certain circumstances, military retirement payments might be considered shared property. If you have been married to your military spouse for a sufficient length of time, you may still be able to access certain types of benefits, even if you get divorced. These are just some of the issues that can arise with a military divorce. If you are in the military and are considering filing for divorce, it can be helpful to have a qualified divorce attorney on your side. Contact the Elliot Green Law Offices, divorce lawyers in Brooklyn, New York today to learn more about your options and rights.
Understanding Legal Residency Requirements with Military Divorce
If you and your partner are stationed overseas, or if one of you is stationed overseas, it is important to understand how New York residency requirements will apply to your situation. According to the New York State Unified Court System, individuals must meet one of the following residency requirements to file for divorce in New York. Either party must have lived continuously in New York for two years prior to the divorce, or either party must have lived continuously in New York for one year and have either gotten married in the state, lived in the state while married, or had the grounds for divorce occur in New York state. You may also qualify for New York residency requirements if both parties are residents of New York and if the grounds for divorce occurred in New York state. New York state residency requirements are rather strict. Either you must meet one of the above residency requirements, or either you or your spouse must be stationed in New York to file for divorce in New York.
Property Division Issues Unique to Military Divorces
If you and your partner are getting divorced, property, alimony, retirement benefits, and other issues may be unique if you are in the military. For example, if you and your partner live on a military base and are getting divorced, the person in the military won’t have the right to ask the non-military partner to leave the housing until the divorce is finalized or the separation is official. The spouse in the military may be required to reside in the barracks if both parties want to live apart. If you receive military retirement benefits, these benefits might be paid to your spouse if you have been married for a sufficient length of time (generally 10 years of marriage coinciding with 10 years of service of the military partner, but in some cases couples might be able to make a case why they should receive military retirement pay for less time than this, so it is wise to always speak to a divorce attorney). Under the Uniformed Services Former Spouses’ Protection Act, New York courts can treat military retirement pay as either shared property or separate property depending on how long you have been married. It is important to note that you or your former spouse are not automatically entitled to receive military retirement pay, and that military retirement pay will be decided as part of your divorce agreement. While longer marriages will generally result in one spouse receiving retirement pay, how the pay is allocated and divided will be handled similarly to any divorce settlement, which will take into account the length of the marriage, the contributions of each partner to the marriage, each partner’s ability to independently support him or herself, and other factors.
Divorce settlements for military couples may also need to consider retirement savings plans, base privileges, and access to military medical benefits. Eligibility for military medical plans will depend on how long you and your partner have been married, as will eligibility for base privileges. If you have questions about division of property and your rights during a military divorce, the Elliot Green Law Offices are divorce lawyers in Brooklyn, New York who may be able to assist you.
Child Custody and Military Divorce
Like any divorce, military divorce involves questions of child custody. There may be specific laws about child support and spousal support that apply to military divorce. For example, there may be limits on how much money in military pay may be allocated to child custody and spousal support and the divorce agreement may not be able to exceed certain limits. If you have questions about child custody and child support in your military divorce, reach out to the Elliot Green Law Offices in Brooklyn, New York today.
Find a Lawyer Who Can Help You with Your Military Divorce
If you are in the military in New York and are getting divorced, it can be helpful to have a divorce attorney help you navigate all aspects of the divorce process. The Elliot Green Law Offices are divorce lawyers in Brooklyn, New York who help clients navigate specialty divorce issues. Contact us today to learn more.
