Divorces between members of the military and non-members are not too far different from regular civilian divorces, however, some special rules exist that one must understand prior to beginning the process of divorce. Overall, the grounds for divorce between a service man or woman and their spouse are the same as the grounds for a civilian divorce. The Servicemembers Civil Relief Act (SCRA) states that active-duty service men and women can not be sued or file for divorce while on duty and 60 days following the end of active duty. Once this period of time is over, military members and their spouses are able to choose from three different options in regards to which state to file a divorce in. It can be the state where the filing spouse lives, the state in which the military member is stationed, or the state in which the military member legally resides. In order to file for divorce on Long Island, either the person filing or their spouse must reside in New York, or the person filing or their spouse must be stationed in New York as a service man or woman.
Additionally, military pensions are subject to be divided between spouses upon divorce. New York State courts abide by the Uniformed Services Former Spouses’ Protection Act (USFSPA), which allows for military retirement benefits to be divided between spouses, however, the court will not grant this division unless the couple has been married for longer than 10 years. In regards to child support and spousal support, New York State law dictates that no more than 60% of the military member’s pay can be distributed through child support and/or alimony. In addition, the same guidelines used in civilian divorces are used to establish how much money is allotted for child support.
At Simonetti & Associates, we pride ourselves on being a multifaceted law firm, with one of our great focuses being military divorce. Our lawyers are equipped with the knowledge, skills, and tools in order to grant military divorces to members and/or their spouses. We were voted the Best Long Island Divorce Lawyer presented by the Long Island community for four years in a row. We are located at 144 Woodbury Road, Woodbury, NY 11797. For more information, call us at 877-385-2560 to set up a free consultation, or visit us at www.bestlongislanddivorce.com.