Like most things in the military, filing for divorce must follow specific procedures. The process is complex and typically takes longer than a civilian divorce. It is crucial you have a New York City military divorce attorney with experience.
At Randi L. Karmel, PLLC, we have extensive experience with military family law. Our dedicated legal team understands the unique rules to asset division, child custody, and other divorce matters. If you and your spouse have or will be dissolving your marriage, you need a knowledgeable military divorce lawyer by your side to protect your rights.
Call and schedule a consultation with Attorney Randi L. Karmel to discuss your unique matrimonial or family law matters by clicking here or calling us at 212-755-0224. We serve clients in the Bronx, Brooklyn, Queens, Manhattan, and Staten Island.
What Are the Requirements for a Military Divorce?
Military members are governed by The Servicemembers Civil Relief Act and federal laws. However, they must file their petition for divorce in their state of residency. New York residency eligibility can be met if:
- One or both spouses have been an official resident in New York for two years
- If they have lived as a married couple in New York with at least one spouse has resided in the state for a year
- The reason for filing for divorce occurred in the state with one spouse having residency for one year
- The spouses were married in the state of New York, with one spouse having resided for a year
The grounds for a military divorce are the same as civilian cases. Spouses must state under oath the reason the marriage cannot be reconciled and that it has persisted for at least six months. If a spouse claims fault-based grounds for the divorce, they must provide proof. Fault-based grounds for divorce include:
- Abandonment for one year
- Confinement in prison for three years
- Separation for one year
Another requirement is serving the divorce petition. If one or both spouses are deployed overseas, a military divorce attorney in New York City can help you navigate the process. The petitioning spouse will need to choose a third party to deliver a copy of the summons and complaint.
How is Property Divided in a Military Divorce in New York City?
Property division is very complex and requires an attorney knowledgeable in the numerous nuances of military law. While New York divides assets based on fairness, that does not always mean an equal split.
A skilled and experienced military divorce attorney will help guide you through the proceedings and gather pertinent information. Factors that will influence property division include:
- Length of marriage
- Future economic circumstance
- Retirement benefits
- Spousal support
The dissolution of a marriage is never easy. Military divorces are just as emotionally taxing as civilian separations. Over the last five years, divorce rates have remained constant. On average:
- Enlisted troops divorce at a rate of 3.5%
- Officers at 1.7%
- Members of the Air Force and Marine Corps have the highest rates of divorce at 3.3%
- Members of the Navy have the lowest rates of divorce at 2.8%
If you feel there are irreconcilable differences in your marriage and are considering petitioning for a divorce, or if you have been served with a summons, contact Randi L. Karmel, PLLC, today. You deserve to have your best interests represented.
Contact a Military Divorce Attorney in New York City to Safeguard Your Interests
No one should face a highly emotional and sensitive life change alone. At Randi L. Karmel, PLLC, our military divorce attorneys in New York City are here for you. We will provide dedicated representation, aggressive advocacy, and responsive communication throughout the process.
Military divorce presents numerous complexities. Attorney Randi Karmel will fight for your best interests and help you navigate military divorce procedures. Schedule a consultation with one of our family law attorneys to discuss your unique matrimonial or family law matters by clicking here or calling us at 212-755-0224. We serve clients in the Bronx, Brooklyn, Queens, Manhattan, and Staten Island.