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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We were looking for a mediator to help us with visitation issues we were having due to the pandemic. With all the problems we were having getting the kids back and forth, and arguing about taking trains and buses during visitations, we called Lois Brenner to help us make some decisions. She really set us straight. She spent a lot of time with us so we could get a parenting agreement together to set some rules we could both agree to. I feel a lot better now. Thank you Ms. Brenner.- Dina
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“First, you were so easy to talk to and second, you really know what you are doing!”- Sharon
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My divorce was very stressful time. Since we were able to agree with my ex-husband on many important issues I originally thought that I will be able to fill in all the necessary documents by myself. It turned out that it is nearly impossible task. The amount of paperwork was overwhelming! I was not happy with some lawyers I've approached - too expensive, too impersonal, too aggressive. When I met Lois everything changed. For very reasonable price she was able to help us - talked to both of us, gave us great suggestions. Everything went extremely well. It was quick and painless. We could not thank her enough!
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We have Lois Brenner to thank for turning our marriage around. We hired Lois as our mediator when we were considering divorce. When we started working with her and she realized we wanted to try to keep our marriage together she suggested a postnuptial agreement to get our marriage back on track. Having the postnuptial agreement made us both accountable when it came to our issues. Having this doc in place is clearly helping us redefine our marriage in a better way. I don’t know if we will never get divorced, but for now we are respecting each others’ boundaries and are aware of the consequences if we don’t! It was really cool that Ms. Brenner suggested this method as an option. Most divorce attorneys would not have suggested a way for us to try to stay together. She is very talented and unusual in the best possible way. If we choose to take the divorce path eventually we will definitely hire her again. In the meantime we are making it work. She is amazing.- Joseph M
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I had read about Lois’ unusual divorce method in one of her blog posts. It was refreshing to see someone was working with the psychological issues in divorce. My husband is bipolar and getting him to agree to a divorce and commit to the process was tough. When we met with Lois she really understood him. She immediately identified his mental health issues, and because she has a psych background, she was empathetic to his needs and was skillful at guiding him through her divorce mediation process. It took a while but she really got us to a point where we could actually discuss things without my husband blowing up. Her method is unique and it really helped in our situation. She actually recommended a great psychiatrist who changed my husband’s meds at her urging (she has a medical degree too), and my husband is coping much better. We can’t thank her enough for her compassion and advice! If you need a divorce attorney, especially if mental illness is a part of the fabric of your marriage, go see Lois! Thanks Lois - Lorna P.
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Dealing with this firm was a gift from above. They were very understanding and made the whole process painless. They are open after regular work hours which was super convenient for a working professional. As a Surgeon in NYC going through this process the firm was very accommodating to my changing schedule. I am forever grateful that the firm was able to find a great solution to all issues so that everyone was taken into account and came to a responsible agreement. Thank you Lois Brenner you are the best!- Jose Loor
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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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“You are New York’s best divorce lawyer!”- Danielle
