What You Need to Know About Military Divorce in Nassau County

What You Need to Know About Military Divorce in Nassau County

Divorce is an inherently complex process, and unfortunately, if you are a member of the U.S. military or are the spouse of one, your military divorce may become even more complicated. For this very reason, you must continue reading and speak with our knowledgeable Nassau County divorce attorney, who has handled dozens of these cases, to learn more about how our firm can help you through every step of the legal process ahead. Here are some of the questions you may have:

Is the residency requirement different for military divorces in Nassau County?

If you are someone who is getting divorced, you will have to satisfy certain residency requirements. That being said, since the nature of being in the military often requires service members to be away from home for extended periods of time, the residency requirements are adjusted accordingly. To file for a military divorce, you must do so either:

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

Serving Divorce Papers to Service Members

As long as your spouse is currently not serving overseas, you are allowed to serve your divorce papers through a designated official at your spouse’s base. That being said,  if your spouse rejects the serve, the divorce will most likely be put on hold until your spouse returns from duty. Oftentimes, when a spouse files a Complaint for Divorce and the other spouse does not show up to court for the proceedings, the courts will place a default judgment against the no-show spouse and settle the divorce in favor of the spouse who filed the Complaint. That being said, since service members often cannot attend these proceedings due to their military duties, they may not be judged unless they attend the court proceeding or have obtained legal counsel to attend the proceeding on their behalf.

Will my spouse get part of my military pension if we get divorced?

Under most circumstances, military pensions will be subjected to the equitable distribution process, as they are considered marital property. There is a 10/10 rule in place that states those who have been married for at least 10 years to someone who has served for at least 10 of those years, the military spouse should receive a portion of the 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. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.

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