Representation in Military Divorces
Active duty military personnel are protected by the Soldiers and Sailors Civil Relief Act of 1940 (SSCRA) from a variety of legal actions such as divorce, foreclosure or bankruptcy. The law allows members of the military to delay their response to civil actions such as these. At our Rochester law firm, our attorney helps both active duty soldiers and their spouses obtain divorces under the umbrella of the SSCRA.
The Trotto Law Firm represents soldiers and their spouses at Fort Drum and other military installations in upstate New York. We also provide representation to military personnel deployed overseas who are either seeking a divorce or wish to contest one.
Issues in New York Military Divorces
Our lawyer advises clients about some of the differences between military divorce and other divorce proceedings. These can include the following:
- The active duty military spouse must be personally served with the summons and complaint unless he or she signs a waiver. This provision can prevent an active duty sailor or soldier from being divorced without knowing about it.
- Under SSCRA, the military spouse may delay the divorce proceedings for up to 60 days after returning from deployment in a war zone.
- To get a military divorce in New York state, one spouse must live or be stationed in New York.
- Retirement pay (pension) is divided according to the provisions of the Uniformed Services Former Spouses' Protection Act (USFSPA) if the parties were married for ten years or more
- Child support and spousal maintenance cannot exceed 60% of the military person's pay
In addition to handling contested and uncontested divorces, we represent military clients in modifications of child custody agreements, a frequent concern among divorced service members deployed overseas.
Our firm can handle divorce paperwork via e-mail, phone and fax. As with all clients, we are dedicated to providing military clients and spouses with a high level of communication and are responsive to their questions and needs. Even if our clients are 5,000 miles away, we are prepared to meet their needs.
Contact The Trotto Law Firm in Rochester, New York, for more information about military divorce.
