Military Divorce in Nassau County

Military Divorce in Nassau County

Divorce is always a complicated process, however, if you are a member of the U.S. military, or are the spouse of one, you may have an even more complex path forward. Here are some of the questions you may have regarding military divorce and how our firm can help you through the process:

What is the residency requirement for military divorces in Nassau County?

All divorces involve residency requirements so a court can establish jurisdiction over a case. However, since those serving in the military are constantly on the move, it can be harder to establish jurisdiction, which is why the law calls for adjusted residency requirements for military divorces. Members of the U.S. military and their spouses may only file for divorce:

  • In the state where the member of the U.S. military is currently stationed
  • In the state where the couple has legal residence
  • In the state where the military member claims legal residency

How do I serve divorce papers to a member of the U.S. military?

If your spouse is not overseas, you may serve divorce papers through the designated official acting as a law enforcement officer at your spouse’s base. However, serving the papers is not enough to begin divorce proceedings, as oftentimes, your spouse may reject the serve, putting the divorce on hold until he or she returns from duty.

What is a default judgment?

Nassau County courts will issue a default judgment when one spouse files a Complaint for Divorce and the other spouse does not respond or show up to the divorce proceedings. Essentially, a default judgment is when the court settles a divorce in favor of the spouse who filed the Complaint as a result of the other spouse’s inaction. However, military duty very often prevents servicemembers from attending divorce proceedings. Therefore, a service member cannot be judged unless he or she is present in court or has acquired legal counsel to represent their interests.

Does my spouse get part of my military pension in a divorce?

Generally, military pensions are treated as marital property and are therefore subject to equitable distribution. The 10/10 rule essentially states that if you have been married to a service member for at least 10 years, and your spouse has served for at least 10 of those years, you are entitled to a portion of the divided military pension.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation and all other matrimonial and family law matters. Call today to schedule your complimentary case analysis: (516) 938-3330.

Read Our Latest Blog Posts

  •  Does New York Have Permanent Alimony?
  •  Can Children Express Preference in New York Custody Proceedings?
  •  What Should My Prenuptial Agreement Cover?