Peter L. Cedeño & Associates, P.C. Articles Military Divorce in New York

Military Divorce in New York

By Perez & Cedeño  Oct. 25, 2010 10:45a

The complexities of divorce are complicated a bit further than civilian divorces when one or both of the parties is a military service member. There are certain requirements that must be met to file for military divorce outside normal procedures, primarily that of residency. In order to file for divorce in New York you must reside in or be stationed in New York.

Extra factors that also apply during the processes of asset division include the division of military retirement benefits for those married 10 years or more, which is dictated by the Uniformed Services Former Spouses' Protection Act (USFSPA). Spousal and child support combined are also restricted to no more than 60% of a service member's pay.

At-Fault and No-Fault Divorce

As of August 2010, in New York the decision must be made between filing for a fault or no-fault divorce. If you are filing for an at-fault divorce you must file on grounds of adultery, abandonment, imprisonment, cruelty, felony or inhuman treatment. In the event of an at-fault divorce sufficient evidence must be presented to prove that there has been a breach of the marital contract.

There are also certain considerations for the accuser or the accused of a breach in the marital contract such as whether condonation, connivance or provocation applies to the breach in question. For this reason it is very important that you seek the help of a divorce lawyer in New York to help defend your rights. In the case of a no-fault divorce you can file on grounds of irreconcilable differences, in which it is agreed no party is at fault for the divorce, merely that both parties agree they want to end the marriage.

New York Military Divorce Attorney

If you are a service member or the spouse of a service member seeking a divorce it is important that you find a New York divorce attorney who understands the complexities of military divorce law. We at Perez & Cedeño, P.C. have the knowledge and experience to provide you with the information and insight for your case that you need. We offer a confidential consultation and can discuss your divorce and how we can help you.

Contact a New York Military Divorce Lawyer at our firm today.

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