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Military Divorce

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.

 

    “You are New York’s best divorce lawyer!”
    “You are New York’s best divorce lawyer!”
    - Danielle
    “Remarkable lawyer and lady!”
    Lois Brenner is a remarkable attorney and compassionate advocate for dads. She guided me when I was confused and didn't know what to do to get shared custody of my daughter. She encouraged me to stay strong and to fight, and she negotiated a much better custody arrangement than my previous lawyer. What great attorney. Thank you Ms. Brenner
    - Christoff
    “I didn’t expect to find a divorce attorney as amazing as you!”
    “I didn’t expect to find a divorce attorney as amazing as you!”
    - Deborah
    “She gave me the best advice, in such a caring and kind way.”
    I have hired Mrs. Brenner and had the best experience with her in my complicated and intense divorce. She was there for me all the way, always answering promptly any questions I had. She gave me the best advice, in such a caring and kind way. She has an amazing team of specialists, that will cover any needs you might have. I highly recommend Mrs. Brenner, you can feel she’s got your back!
    - JN
    “No words can express what you have done for our family!”
    “No words can express what you have done for our family!”
    - Ken
    “Lois is the absolute best”
    Connecting with Lois was the best thing that could have happened during what has been very difficult and fraught divorce. Lois took on my case with knowledge, wisdom and care that have been above and beyond in every way. She recognized abusive and unstable behavior in my ex-husband, and offered both strong legal guidance, as well as personal encouragement and strength to stand up to him. Her support has been invaluable to me, and I am so deeply grateful for everything she has done in helping forge a better more stable future for me and for my son.
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    “First, you were so easy to talk to and second, you really know what you are doing!”
    “First, you were so easy to talk to and second, you really know what you are doing!”
    - Sharon
    “"Like at First Sight!"”
    "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

Contact Lois M. Brenner, Esq. Today!

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