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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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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“Thank You, Thank You, Thank You!”- Sara and Jeff
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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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“We saved thousands of dollars!”- Gloria
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When I first decided to hire a divorce attorney, I thought a male attorney would be best. Lois Brenner really surprised me. Although she has written a divorce book on women’s rights, she is totally an advocate for men as well. She really understood how much I loved my kids, and listened and understood all the horrible things my wife was doing to destroy their relationship with me. She didn’t miss a beat and really went to bat for me. She reached out to my wife’s attorney every time my wife made any attempt to disrupt my visiting our kids and always demanded the best results. She made herself available, even when she was on vacation! Lois has been there every step of the way in these difficult circumstances. I highly recommend her.- Sam
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Thank you Ms. Brenner! It was a rough summer trying to get our parenting agreement together.but you really helped. My ex-husband and I fought all summer about what the children's schedule would be once school started. Your endless guidance and productive sessions with us made all the difference. You straightened us out with your sound, caring advice. We both feel better now. Our kids feel better too. Thank you, thank you. We hope you had a great summer. We will recommend you highly to anyone needing a family law attorney.- Brenda
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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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“You are New York’s best divorce lawyer!”- Danielle
