Military Divorce Helping You Get Back to What Matters Most

Military Divorce Lawyers in Queens

Finding Solutions for Complex Family Law Problems

Divorce is a generally complicated process that involves extensive paperwork full of legal jargon and, often, high emotions and conflict between the two parties. Military divorce is even more complex, and it’d be a dangerous idea to try to navigate the proceedings by yourself. You need an experienced divorce attorney to represent you and your best interests if you’re a service member or a non-military spouse. At Levi Divorce & Family Law Attorneys, our team can analyze your case and strategize a plan so you can emerge from your divorce satisfied and ready to start your next chapter in life.

Call our Queens military divorce lawyers today for a free consultation at (718) 215-0121, or contact us online.

We Handle Every Aspect of Military Divorce in New York

Military divorce proceedings involve decisions made on the same kinds of matters as a civilian divorce, but there are unique challenges and nuances within each that can be confusing.

The team at Levi Divorce & Family Law Attorneys can help guide you through the following:

  • Child support – Courts will determine support amounts by looking at the military member’s combat pay, special pay, GI benefits, and more
  • Child custody – Outlining custody plans will have to be more specific because military members’ schedules change often
  • Jurisdiction – It can be difficult to determine where to file for divorce, but you should file in a state where the military spouse is a resident, or where you and your spouse agree
  • Retirement – Each case is unique when it comes to determining how to divide a military pension
  • Health insurance – The 20/20/20 rule determines whether a spouse can continue to receive TriCare coverage, or military medical insurance

There are many unique plans for service people that can be difficult to divide in the case of divorce. That’s why our seasoned Queens military divorce attorneys are here. We have experience working with military members and their spouses and sorting through the details of a divorce in order to produce solutions that work for everyone.

What Happens When You Divorce in the Military?

Military divorce is generally more complicated than civilian divorce because it is governed by both state and federal laws. Alongside determining child custody, child support, and spousal support, the divorcing spouses will also need to figure out the residency and filing requirements for the state where one spouse resides or is currently stationed. There are also specific laws that dictate whether the divorce proceedings will need to be postponed (the Soldiers and Sailors Civil Relief Act [SCRA]) and how military benefits and pensions will be divided.

For an in-depth understanding of the military divorce process and how it applies to your specific situation, it is best to speak with an experienced Queens military divorce lawyer.

Military Acts That May Affect Your Divorce

As if it’s not enough to have to learn about the various healthcare plans military members have, there are also two main military acts to keep in mind that can have an impact on your divorce proceedings.

Servicemembers Civil Relief Act (SCRA)

The SCRA was passed in 2003 to address a trend of military members losing valuable quality time with their children after having their child custody orders altered during deployment. The act allows service members to postpone hearings when their jobs prevent them from being able to prepare or be present for the hearing.

Uniformed Services Former Spouses’ Protection Act (USFSPA)

The USFSPA was enacted in 1982 to dictate how retired pay benefits would be disbursed to families. Because of the act, it’s up to each state to determine how to distribute military pensions.

Don’t stress out over the specifics of your military divorce. You can trust our team of experienced attorneys to look out for your best interests while you focus on your next chapter of life.

Frequently Asked Questions

How Long Does a Divorce in the Military Take?

Much like a civilian divorce, the length of the military divorce proceedings depends on whether the divorce is contested or uncontested. However, if the service member's spouse is unable to participate due to their military duties and requests a delay under SCRA, the divorce proceedings may be postponed for up to 60 days after their tour of duty is complete.

Can I File for Divorce While My Spouse Is Deployed?

If your wife or husband is on active duty or deployed overseas, you can still file a petition for divorce. However, your spouse may request a delay under the Servicemember's Civil Relief Act (SCRA) which can postpone the divorce proceedings until they are back home. With this in mind, it may be better to just wait until your spouse has returned from deployment to file for divorce. There are certainly pros and cons to both options so before you make this important decision you should speak with a member of Levi Divorce & Family Law Attorneys. We can make sure your best interests are protected!

Call military divorce attorneys in Queens at (718) 215-0121 to help you through your divorce.

Our Individualized Approach

  • Personal Attention

    We take the time to learn about our clients and their families.

  • Experience

    We understand our clients' specific family law issues.

  • Solution Oriented Representation

    We develop a legal strategy to help our clients achieve their goals.

Former Clients Share Their Story

    I could not have asked for a better person to help me through this contractual agreement.

    “A huge thank you to Michael J Ganci who did a great job assisting me with my premarital agreement. He lined out and explained very well the complexity of the agreement. Also, informed me very well ...”

    - Mike M.

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