It’s no secret that military families often face unique challenges due to the job requirements of one or both spouses. As such, you may find that going through a divorce when one spouse is serving active duty or is deployed can be incredibly difficult. Military divorces can be difficult to navigate, as the requirements can vary from those of a traditional civilian divorce. As such, if this represents your circumstances, the following blog and a Long Island divorce lawyer can help you fight for the best possible outcome during these complex circumstances.
Where Do Military Families File for Divorce?
One of the few conditions to file for divorce in New York is that you must meet the residency requirements. Typically, this means that you or your spouse must be a resident of the state for at least two years, or you were married in New York and the grounds on which you wish to file for divorce occurred within the state. However, as many military families often move when the servicemember is re-stationed, this can make it difficult to know where you are eligible to file for divorce. It’s imperative to understand that New York does offer exceptions for military couples looking to file for divorce if they do not meet the residency requirements.
As such, military members reserve the right to file for divorce in the state where the servicemember claims legal residence, the state in which they are stationed, or the state where the couple has legal residence.
Are Pensions and Benefits Divided Differently?
In addition to the residency requirements, you may find that there are differences in how certain assets, like military pensions and benefits, are divided during the divorce. In general, a military spouse is entitled to direct payments from their spouse’s pension so long as they meet the 10/10 rule established by the Uniformed Services Former Spouses’ Protection Act (USFPA). This rule states that in order for a spouse to receive direct payments, they must have been married for at least ten years, and their spouse served ten years of qualifying service during that time. If a spouse is ineligible, the pension will be divided with the first of the couple’s marital assets according to the New York courts.
What Impact Does the Servicemember’s Civil Relief Act Have?
You should also understand that the Servicemembers’ Civil Relief Act (SCRA) provides additional protections for those serving on active duty. Typically, under New York law, once a spouse is served a divorce petition, they must respond within 20 days if served within the state or 30 days if they are served outside of the state. Failure to respond can result in a default judgment, which means that the divorce may be granted without your input or objections.
However, the courts understand that service members may be unable to participate in a divorce when on deployment, which is why eligible members may request a stay. This essentially pauses the divorce until they are able to participate to avoid those on active duty from being taken advantage of.
As you can see, navigating a divorce while one spouse is a member of the United States Armed Forces can be incredibly complicated. That is why it’s in your best interest to connect with an experienced attorney with Barrows Levy PLLC. Our team can help guide you through this process so you can fight for the best possible outcome. Connect with our team today to learn how we can represent you.
