New York Military Divorce Attorney
Guiding Military Families through Divorce for Over 35 Years
In a military divorce, either one or both of the parties is an active or retired member of the military, reserve, or guard. Being a military couple does not exempt the parties from the same requirements that civilian couples must meet when filing for divorce, but there are some states that have relaxed residency requirements for active duty personnel seeking to file for divorce in the state where they are stationed.
Although military couples will go through the same procedural process when filing for divorce, they must also be aware that there are other factors that the typical civilian couple will not have to address. Due to the very nature of military service, these factors may prolong the divorce process – such as an active duty assignment in a remote area, military pensions, or a permanent station overseas.
If you have questions about military divorce, please contact our New York divorce lawyer, Lois M. Brenner, Esq. You can request an initial consultation by calling (646) 663-4546.
What Factors Are Unique to a Military Divorce?
When entering into a military divorce, it is important to remember that certain factors will differ from a civilian divorce. For example, support and child support cannot exceed 60% of a service member’s pay. When it comes to property division, the Uniformed Services Former Spouses’ Protection Act (USFSPA) will determine what military benefits may be included as marital property and, thus, subject to equitable distribution. According to the “10-Year Rule,” the military spouse’s retirement benefits will not be divided unless the couple was married for at least 10 years while that spouse was on active duty.
Call Lois M. Brenner, Esq. for Help with Your Military Divorce
Filing for divorce is never easy, but it can be particularly complicated when at least one spouse is currently serving, or has served, in the military. For this reason, it is highly recommended that you hire an experienced and knowledgeable divorce attorney if you are headed toward a military divorce.
Lois M. Brenner, Esq. has proudly served military families in New York for more than three decades, so please do not hesitate to schedule your initial consultation today. You can reach us at (646) 663-4546.
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I met with Lois Brenner nine months ago, and my life has been changed for the better! She and her legal team really encouraged me to leave a very abusive husband. They gave me the knowledge and courage to take the necessary legal steps. My parents were helping me and found Lois to be smart, and compassionate. My whole family felt really comfortable having her handle my case. I am finally divorced, away from an abusive man and ready to start a new life. I can’t thank Lois and her legal team enough for all the support I received. I got a much better settlement than I expected because they were relentless in locating money my husband had hidden. Thank you so much!- Kim B.
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I utilized Lois's services for divorce. She was most helpful in all aspects. First, she explored reconciliation, which was the right thing to do. Absence of that, her suggestion of what to negotiate for, how to do it without unnecessary anger & hostility to the ex & how to expedite the process was invaluable. Timewise she was excellent & sympathetic to what I was going through. She was always available & her fees were very reasonable. I would strongly recommend her as a divorce /representative attorney.
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“You are New York’s best divorce lawyer!”- Danielle
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Lois was an absolute pleasure to work with. She worked on a prenuptial agreement for me. Our very first conversation put me at ease. She was interested in my upcoming marriage and wedding. She assured me the prenuptial agreement could be drafted quickly. She made intelligent recommendations to address some of my complex financial decisions. She also made sound suggestions to protect my multi-million dollar portfolio. Our wedding is coming up and will be a lot smaller than we originally thought due to COVID-19, but Lois Brenner got our prenuptial agreement done in time, and made it a lot more pleasurable experience than I thought it would be. I would recommend Lois to anyone seeking a truly skilled attorney to draft their prenuptial agreement.- Glen Mearns
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Going through with our divorce was very difficult time for me and my ex husband. Finding the right lawyer was very confusing, frustrating and time consuming. I was very lucky to find Lois. She is professional and human at the same time. In a few sessions she answered all of our questions, gave us great advice and filled and filed all paperwork for us. Our divorce was finalized very quickly and thanks to Lois it was very smooth process. If my best friend would need a divorce lawyer I would recommend Lois without any reservations.!!! Christina C.- Christine C.
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Amazing, Skillful Mediator!!!! We went to see Lois Brenner for a mediation consultation. We had pretty much decided our marriage was over. We just wanted to end things fair and amicably. Lois Brenner spent so much time with us, and gave us great insight as to how the process would help us, we hired her on the spot. Our sessions thereafter were stealth. She organized us, helped us identify and address all the issues. She showed us how to communicate effectively throughout the process. We were able to address all our issues, especially property and finances, arrive at a comfortable settlement agreement, and now we are waiting for the judge to sign our divorce. What an extraordinary process. I highly recommend Lois Brenner and mediation. She’s super, and mediation really works.- Maggie & Josh
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"Like at First Sight!" We consulted Lois on the best, most cost-effective way to get divorced. First, she extended a free in-office consultation to us. It was supposed to be one hour; it was an hour and a half. She was gracious, didn’t rush us, explained thoroughly all the ins and outs of going to court, and answered thoroughly lots of our questions. She also shared lots of great information on divorce mediation, which we really knew nothing about, and now we have decided mediation will be the best route for us. We knew in the first 10 minutes that we really liked and trusted her. We are starting our mediation process with her next week. We are really looking forward to working with her. We feel strongly she is the best person for us.- Jen
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Amazing, Skillful Mediator!!!! We went to see Lois Brenner for a mediation consultation. We had pretty much decided our marriage was over. We just wanted to end things fair and amicably. Lois Brenner spent so much time with us, and gave us great insight as to how the process would help us, we hired her on the spot. Our sessions thereafter were stealth. She organized us, helped us identify and address all the issues. She showed us how to communicate effectively throughout the process. We were able to address all our issues, especially property and finances, arrive at a comfortable settlement agreement, and now we are waiting for the judge to sign our divorce. What an extraordinary process. I highly recommend Lois Brenner and mediation. She’s super, and mediation really works.- Maggie and Josh