Sorting out the legal issues involved in ending a marriage can be challenging, especially for those who are in the military or married to someone who is. A spouse may have questions about how involvement in the military affects the division of assets and parenting time. If you are in this situation, know that there are federal and state laws that help provide clarity and stability.
Our family law team has extensive experience guiding people through the divorce process when one or both spouses serve our country in the Army, Coast Guard, Navy, or other branch of the military. Our experienced divorce attorneys have the training, knowledge, and skills to help service members find workable solutions for ending their marriages. A Syracuse military divorce lawyer at The Colwell Law Group would be happy to talk with you about your situation and how we can help.
Divorces that occur when one or both spouses are in the military involve unique challenges, particularly when determining child custody when one parent is on active duty. Additionally, a service member may have concerns about the Court making decisions about dividing assets and spousal support while they are away. Fortunately, there are state and federal laws that protect servicemembers while also helping to facilitate a smooth and stable transition for their family.
For example, the Servicemembers Civil Relief Act (found at 50 United States Code § 501 – 597b) protects some people in the military from having default judgments entered against them while they are away on duty. Likewise, this law may also allow servicemembers to pause divorce proceedings for a certain amount of time while they are on active duty. People in the military may be able to ask for this pause (also called a stay of proceedings) even if the lawsuit is about child support or custody.
It can be confusing and sometimes overwhelming for people to manage the stressors of serving their country, co-parenting, and seeking to dissolve a marriage all at the same time. Many people in this position find it helpful to work with an experienced Syracuse attorney with a strong background in advocating for those going through military divorces. Our legal team can provide critical insight and pointed legal recommendations to help make sure a military member’s rights are protected at all stages of the process.
When deciding child custody and support issues, the Court must prioritize the best interests of the child/ren. Under New York Domestic Relations Law § 240, for example, the Court may consider the home environment that each parent provides, the ability of each parent to support the child/ren, and the presence (or absence) of substance abuse.
People who are in the military also have parental rights, but their employment can impact child custody decisions. If the parent in the military is deployed, for example, the Court may temporarily change the custody arrangement to ensure someone is caring for the child while they are away. When the service member returns from duty, they can ask the Court to change the custody plan to restore their visitation or custodial rights.
Because both state and federal laws apply to this matter, military members may benefit from speaking with a seasoned attorney. Lawyers in Syracuse who regularly handle military divorce cases have the tools to sort through the complex legal issues that can arise regarding child custody.
If you or your spouse are in the military and are seeking to end your marriage, you may have questions about how your job impacts property division, custody, and child support. You can represent yourself in Court, but consider what a knowledgeable lawyer can bring to the table to help you through this transition.
The legal team at The Colwell Law Group has years of experience working with individuals during complex divorces that involve both state and federal laws. Contact a Syracuse military divorce lawyer on our team to schedule a complimentary consultation.
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