DeRoberts Law Firm

Focused On Protecting Your Family And Your Future

A Commitment To Service And Knowledge Drives Our Practice

Last updated on March 8, 2022

The decision to end a marriage is rarely an easy one and the process of obtaining a divorce can be a complicated and confusing journey. Military divorces impose additional requirements and often involve unique details.

At the DeRoberts Law Firm, we’re committed to providing the emotional support and legal resources you need to understand your options and make the best decisions for your particular situation. With more than 20 years of experience, Jeffrey DeRoberts confidently guides you through the legal system before, during and after your divorce.

How Military Divorce Proceedings May Impact Your Case

Federal law provides additional protections for active duty military members when being served with a dissolution of marriage action. In some cases, divorce proceedings may be postponed during the service member’s time of active duty. An active duty service member must be personally served with a summons and divorce action. Personal service may be waived with a written, signed affidavit acknowledging the divorce petition.

For the state of New York to have jurisdiction over your divorce, you or your spouse must live in or be stationed in New York. The grounds for a military divorce are the same as for civilian divorces.

Helping You Understand Your Rights

Military divorces involve special provisions concerning:

Asset distribution in a military divorce is governed by the same New York laws that apply to civilian divorces but there are additional guidelines that must be followed. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows a former spouse to receive direct portions of a military member’s pay. A former spouse is entitled to a portion of military retirement only if the marriage lasted for at least 10 years during the enlisted spouse’s active duty.

Child support payments are calculated using New York’s child support guidelines however both child support and spousal support payments may not exceed 60% of the military member’s pay.

Trust Our Syracuse Legal Team To Be By Your Side Throughout Your Divorce

Obtaining a divorce is an intensely emotional and personal experience. The DeRoberts Law Firm treats each client with respect and provides a high level of care while helping you through each stage of the divorce process. Call us at 315-479-6445 or contact us online to schedule a free initial consultation. We offer flexible office hours for your convenience.