Is it Difficult to get a Divorce if you are a Member of the U.S. Military? - Jameson Family Law
Is it Difficult to get a Divorce if you are a Member of the U.S. Military?
Divorce can be an extremely stressful process. Emotional stress is compiled by financial stress, and the process may become even more complicated if you are a member of the U.S. military. However, by hiring an experienced attorney and educating yourself beforehand, you can help make the divorce process go as smoothly as possible. Here are some questions you may have regarding your military divorce:
What are residency requirements?
Generally, if you are seeking a divorce in New York State, these are the residency requirements you have to meet:
You or your spouse have lived in the state without interruption for a minimum of two years
You or your spouse have lived in the state in the year before the divorce case and you either got married in New York, lived in New York as a married couple, or the grounds for the divorce happened in New York
Both spouses are residences on the day of filing.
However, if you are serving in the military, there are some exceptions. Since many men and women serving in the military are often not in the same place for more than a few months at a time, they have special residency requirement options. Military couples, unlike ordinary civilian couples, may file for divorce in the state where the couple has established legal residence, where the service member is stationed, or where the service member claims legal residency.
Do child custody terms change if my spouse or I are current service members?
Child custody is oftentimes the most sensitive issue of the divorce process. Fortunately, both spouses have equal entitlement in court, regardless of the amount of time spent away from home. However, you will need to hire an experienced attorney to help you achieve the child custody terms you desire.
If a party neglects to respond to a divorce petition within a certain amount of time, or a party fails to show up for his or her court hearing, they would be considered “in default.” One can see how this may be a problem for an active service member, as they are very often away from home. Thankfully, the federal government recognized this challenge and ruled in the Servicemembers Civil Relief Act that courts may not make a default judgment in the event that the service member is not present because they are on duty.
How may divorce affect my military pension?
Thanks to the Uniformed Services Former Spouse Protection Act of 1982, in some circumstances, a military pension may be divided equitably in a divorce. This is applicable if the couple has been married for 10 years during a 10-year period that they were active duty in the military. This is also known as the “10/10 rule.”
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© 2019 The Law Office of Peter L. Jameson, PLLC. All Rights Reserved. Website built and managed by
Is it Difficult to get a Divorce if you are a Member of the U.S. Military? - Jameson Family Law
Is it Difficult to get a Divorce if you are a Member of the U.S. Military?
Divorce can be an extremely stressful process. Emotional stress is compiled by financial stress, and the process may become even more complicated if you are a member of the U.S. military. However, by hiring an experienced attorney and educating yourself beforehand, you can help make the divorce process go as smoothly as possible. Here are some questions you may have regarding your military divorce:
What are residency requirements?
Generally, if you are seeking a divorce in New York State, these are the residency requirements you have to meet:
You or your spouse have lived in the state without interruption for a minimum of two years
You or your spouse have lived in the state in the year before the divorce case and you either got married in New York, lived in New York as a married couple, or the grounds for the divorce happened in New York
Both spouses are residences on the day of filing.
However, if you are serving in the military, there are some exceptions. Since many men and women serving in the military are often not in the same place for more than a few months at a time, they have special residency requirement options. Military couples, unlike ordinary civilian couples, may file for divorce in the state where the couple has established legal residence, where the service member is stationed, or where the service member claims legal residency.
Do child custody terms change if my spouse or I are current service members?
Child custody is oftentimes the most sensitive issue of the divorce process. Fortunately, both spouses have equal entitlement in court, regardless of the amount of time spent away from home. However, you will need to hire an experienced attorney to help you achieve the child custody terms you desire.
If a party neglects to respond to a divorce petition within a cert
ain amount of time, or a party fails to show up for his or her court hearing, they would be considered “in default.” One can see how this may be a problem for an active service member, as they are very often away from home. Thankfully, the federal government recognized this challenge and ruled in the Servicemembers Civil Relief Act that courts may not make a default judgment in the event that the service member is not present because they are on duty.
How may divorce affect my military pension?
Thanks to the Uniformed Services Former Spouse Protection Act of 1982, in some circumstances, a military pension may be divided equitably in a divorce. This is applicable if the couple has been married for 10 years during a 10-year period that they were active duty in the military. This is also known as the “10/10 rule.”
How Are Domestic Violence Cases Handled in New York?
What Does a High Net Worth Divorce Entail?
How is Child Support Calculated in New York State?
Child support is one of the most touchy issues following a divorce. Oftentimes, one parent believes he or she is entitled to more than the other parent is willing to give. If you are a loving parent and find yourself in this situation, here are some of the questions you…
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When a couple gets married, the last thing they ever want to think about is a divorce. However, couples will generally regret not getting a prenuptial agreement if they divorce at some point down the road. This is why if you are married, you may wish to discuss a postnuptial…
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© 2019 The Law Office of Peter L. Jameson, PLLC. All Rights Reserved. Website built and managed by