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Military Divorces

Written by: Lisa Beth Older

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Divorce Family

Posted over 2 years ago. Applies to New York, 1 helpful vote, 0 comments

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DIVORCE AND THE MILITARY

The Uniformed Services Former Spouses’ Protection Act (USFSPA) was made to protect your spouse’s interest in military retirement benefits and are calculated and divided upon divorce. The USFSPA permits direct payment and disbursements of your portion of your spouse’s military retirement benefits. Under Federal law, to get retirement benefits of your spouse you have to have been married 10 years or longer while the member has been active duty military. This is also to be discussed with a knowledgeable New York attorney as there may be a conflict of Law as to how the Federal government divides the assets verses how a State Court might divide the assets under Equitable Distribution Law. I hope that this article has been helpful.

DIVORCE IN MILITARY

Divorce in Military

MILITARY DIVORCE AND HOW IT MIGHT AFFECT YOU OR YOUR SPOUSE Requirements for divorcing in the military: Each state is different. But in New York Divorces the military requires that you or your spouse reside in New York or are in active duty in New York, along with all other New York requirements for a divorce. Be aware that each State is different. If you or your spouse is stationed in New York you may file for divorce in New York so long as all other jurisdictional requirements are met. Talk to your New York divorce lawyer about these requirements.

Military Divorce 1

Requirements for divorcing in the military: Each state is different. But in New York Divorces the military requires that you or your spouse reside in New York or are in active duty in New York, along with all other New York requirements for a divorce. Be aware that each State is different. If you or your spouse is stationed in New York you may file for divorce in New York so long as all other jurisdictional requirements are met. Talk to your New York divorce lawyer about these requirements. Military laws protect active duty military members if they are in a position where they cannot respond to your divorce summons. In cases where your attorney has not notified the court and does not know you or your spouse is in the military a default judgment may occur that will hurt the rights of a spouse, and in fact a divorce can be had and you may not even know that this occurred. You can postpone a divorce under Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discret

Military Divorce 2

Military laws protect active duty military members if they are in a position where they cannot respond to your divorce summons. In cases where your attorney has not notified the court and does not know you or your spouse is in the military a default judgment may occur that will hurt the rights of a spouse, and in fact a divorce can be had and you may not even know that this occurred. You can postpone a divorce under Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local New York court for up to Serving Process on an Active Military Spouse You still must have your New York Attorney or legal service personally serve your spouse in the armed forces. Once you do that the State of New York will usually will have jurisdiction over your case. Grounds for New York Military Divorce The grounds for a military divorce in New York are the same as a civilian divorce in New York. Each State will differ as to grounds. Dividing the Property