There are unique challenges in the divorce process when one or both spouses are active duty members of the military. Sorting out common issues like the division of marital property or child custody can be more complicated than usual, but there are also some additional protections to consider.
If you or your spouse are in the military and your marriage is coming to an end, now is the time to speak with a dedicated divorce attorney. With the right approach, you could protect your rights while moving on to the next stage of your life. Speak with a Saratoga Springs military divorce lawyer today.
While there are aspects of divorce for military couples that are unique, some of the basic requirements are still in place in these cases. In order for the Courts to grant a divorce decree, the party seeking the divorce must be able to establish the appropriate grounds.
Since 2010, New York has allowed no-fault divorces, which allow a couple to end their marriage as long as they say the relationship is irretrievably broken and the chance for reconciliation is over. There are also fault-based grounds that are not used as frequently anymore, including abandonment, adultery, and imprisonment.
While military spouses must be able to establish grounds for divorce, other aspects of this process are not as strictly enforced. Specifically, residency requirements do not work the same for military couples compared to everyone else. In general, at least one of the people in the marriage must live in New York for a minimum amount of time in order to pursue a divorce petition.
The State of New York waives the residency requirement for military members who are stationed in New York, even if their permanent residence is elsewhere. This not only can eliminate the residency requirement but also allows the person filing for divorce to avoid any waiting period as well.
There are other complications to consider when it comes to divorcing a military spouse, but a knowledgeable lawyer in Saratoga Springs is here to help. The right legal counsel can go a long way toward getting a fair outcome and moving past these proceedings as quickly as possible.
There are additional considerations in a divorce case when one spouse is deployed overseas. Under the Servicemembers Civil Relief Act (SCRA), special protections apply to those spouses. This law protects active-duty service members from the effects of certain legal actions, like divorce proceedings or collection efforts. The SCRA prohibits the Court from entering a default judgment against someone who is on deployment, making it impossible to finalize a divorce decree without their consent.
These same protections do not apply when the deployed spouse is the party attempting to secure a divorce. They are allowed to proceed like normal, but doing so from another country is a different kind of challenge. A Saratoga Springs military divorce attorney may assist with this process.
If your relationship is coming to an end, the process of divorce can be more difficult as a member of the armed forces. However, there are also important legal protections that can ensure you are treated fairly while deployed. Reach out to a Saratoga Springs military divorce lawyer today to discuss your options.
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