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 had a complicated situation wherein I had to get a divorce through publication as my husband and I had not been in contact for 5 years and I was out of the US for a few years. (it was an abusive marriage) I reside in Buffalo and I spoke with several attorneys locally but I did not feel that any of the local attorneys were able able to understand my situation. Some suggested that I locate my husband, and each one of them wanted to start by identifying and listing the assets. Unsatisfied, I started looking for attorneys in NY city, and I found Ms. Brenner through Avvo. During the consultation, she was extremely kind and understanding and agreed to take on my case. Ms. Brenner helped me get a divorce through publication and she/her team took care of everything. All I had to do was provide her with documentation. I am grateful to Ms. Brenner for helping me get out of a sticky stressful situation. I would definitely recommend her to anybody in a similar situation. Thank you, Ms. Brenner.
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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.- SC
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Everything you said about mediation was true. My husband and I really connected in a positive way working out the details of our divorce in mediation with you. The arguing was endless but we finally heard each other. You have a lot of patience. The property discussions made everything so emotional. You kept us focused and stopped us from rehashing the past. We tell everyone about you. Hopefully none of our friends will divorce but if they do we will tell them they need you.- Tom & Philip R.
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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
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I am a highly successful money manager and before meeting Lois Brenner, hiring a divorce attorney was a disaster. Two previous divorce attorneys really wasted my funds, and had no savvy when it came to asset and property distribution. Lois Brenner finally fixed the mess I was in. She and her team of financial experts, including attorney Matthew Ehrlich were able to prepare an asset and property distribution that was realistic, keeping in mind tax ramifications, and important distributions and allocations. They negotiated a thorough and financially sound divorce settlement. If you have a lot of assets, just any divorce attorney won’t do. You really need someone with a lot of knowledge. Lois Brenner and Matthew Ehrlich were really impressive. Thanks!!- Michael 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 and 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
