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Military Divorce Lawyer Albany NY
A divorce is always an intricate process, but it's particularly more complicated for service members and their non-military spouses. Even those attorneys with extensive knowledge of family and matrimonial law can face multiple challenges when attempting to dissolve these unions.
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For these legal proceedings, it's a good idea to seek counsel from an experienced military divorce attorney who can help these couples handle their divorce under New York laws.
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At Divorce & Family Legal, LLC, we're committed to guiding military families through this process and ensuring the best possible outcome for all parties involved.
Dealing with Divorces for Military Service Members and Their Spouses
Military divorce lawyers can provide the legal guidance service members or their spouses need during a separation, dealing with the allocation and resolution of the following:​
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Military pensions
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Military retirement benefits
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Child support
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Deployments during the divorce proceeding
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Spousal support
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Child custody
In New York, there are specific laws and regulations for military families. Seasoned attorneys must rely on these resources to protect both parties' rights.
Tips for Hiring a Military Divorce Lawyer
Family law issues should be handled by professionals with extensive experience in these legal matters. Couples who need legal assistance in dealing with a separation should always seek assistance from a seasoned lawyer.
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Many military divorce attorneys have the experience and qualifications to handle these cases, but how can people choose the right one? The ideal lawyer should be experienced, well-versed in state and federal laws, empathetic, and passionate. Additionally, an attorney must understand clients' needs and goals to be able to represent their best interests.
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When looking for a military divorce professional, interested parties should do the following:
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Ask friends, family, and colleagues for recommendations
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Research those law firms online
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Check out the comments and reviews that previous clients have left
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Schedule consultations to get their cases evaluated
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Request information about the consultation fee and billing
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Compare several law firms' services and rates
When Is It Necessary to Contact a Military Divorce Lawyer?
Military families might need a lawyer with experience in these cases if they're going through a divorce and have to address the complex challenges that come with a separation.
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​The following situations typically require assistance from military divorce attorneys:
Child and Spousal Support
Since different laws protect people who are on active military duty from certain financial burdens, child and spousal support or alimony awards are limited to 60% of the service member's pay and allowances.
In New York, child support is determined based on different guidelines and rules. However, it's handled differently when it comes to military families, as the SCRA offers temporary relief from this obligation when service members are on active duty or deployed.
Property Division
Divorces fall into the umbrella of family law, so these legal proceedings must follow New York's "equitable" distribution rule.
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This regulation establishes that all assets acquired during the marriage must be divided equally between both parties when an agreement cannot be reached. However, this doesn't mean distribution will be "equal." New York courts must evaluate several factors to ensure it's fair.
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Besides the traditional property division rules, there's the Uniformed Services Former Spouses' Protection Act (USFSPA). This federal law defines the guidelines for calculating and dividing military retirement benefits upon separation.
The USFSPA may authorize a portion of a military retiree's pay to be granted to the former spouse under certain circumstances. However, these benefits cannot be divided if the couple has been married for 10 years or more while the member has been on active duty.
Disability Pay Division
Other benefits available to military service members are typically nondivisible, meaning they aren't distributed upon divorce. These include the following:
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Veterans Affairs (VA) disability compensation
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Concurrent Retirement and Disability Pay (CRDP)
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Special Combat-Related Compensation (SCRC)
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Other military disability retirement benefits
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Service members who opt for disability compensation often have to give up a portion of their retirement pay through a dollar-for-dollar waiver, which can significantly reduce or eliminate the amount their spouse receives for their separation.
Practice Areas
Understanding the Laws Governing Military Divorces
Military service members are protected by the Servicemembers Civil Relief Act (SCRA), formerly known as the Soldiers' and Sailors' Civil Relief Act (SSCRA).
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This law provides legal protections for military personnel and their families by allowing any civil lawsuit against an active duty member to be temporarily suspended during their service and up to 60 days thereafter.
Under state and federal laws, military spouses also have unique rights. Due to these complexities, it's important for both service people and their families to seek legal assistance from experienced lawyers during divorce proceedings.
What a Military Divorce Lawyer Can Do
Issues related to a custody arrangement, property valuation, and compensation distribution can make a military divorce much more complicated. Therefore, it's important to work with an experienced attorney from a reputable law firm.
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Military divorce attorneys can provide specialized guidance and legal representation to service members and their spouses if they're going through a separation. In addition, they know all the regulations that must be followed by both parties during this overwhelming process.
How Can Lawyers Help a Service Member?
Experienced attorneys understand that a marital separation can be devastating for a service member but know that a divorce decree can be tailored to their particular situation to protect their civil rights, financial stability, and well-being.
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With an experienced military divorce lawyer by their side, service members can ensure their retirement and other compensatory benefits are safeguarded.
How Can Lawyers Help a Military Spouse?
Attorneys can also provide legal guidance to former spouses, crafting a divorce decree that ensures they're duly reimbursed if service members' retirement pay is reduced based on disability benefits.
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Furthermore, a compassionate attorney can help families get through this difficult time and protect children's financial safety during a separation.
Find a Seasoned Military Divorce Attorney at Divorce & Family Legal, LLC!
While a military divorce can be complex, our experienced NY attorneys understand your rights, know the family law system, and can guide you through the entire process.
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Schedule your initial consultation with our Albany office today and let us help you achieve a fair and equitable outcome!