How Long Does a Military Divorce Take in NY? Divorce & Family Legal

Although divorcing is already a stressful and difficult process, everything becomes more complex when one of the spouses is in the military. While many parts of the proceedings are the same, others could extend to months or even years if people are not prepared for them.

In many cases, people want to get divorce proceedings done as soon as they can. However, the best way to do things fast is by doing them right. Therefore, both parties should hire a lawyer to handle the situation.

How long does a military divorce take in NY? Well, it depends on the case. Nonetheless, there are certain estimates people can expect if they address the legal matter correctly. That's what this page is about.

Divorce & Family Legal works hard to understand how each case works and find the right solution to it. The main goal of this firm is to help customers in Albany, New York, reach the best outcome possible for them. People can call to schedule a free consultation. We can also answer questions such as How long does a contested divorce take in NY?

What Is the Difference Between a Standard Divorce and a Military Divorce?

While some parts of the process remain the same, there are key factors that make divorces completely different if there is one military spouse in the proceeding. The first of them is the Servicemembers Civil Relief Act (SCRA).

This act lets military members delay their divorces if their current allocation doesn't allow them to respond properly to the claim. In standard cases, there are no special protections for work-related absence.

Generally, military service members can file for divorce in the state where they are stationed, which is more flexible than what people see in a standard case. The idea of this is to help families who frequently move due to the spouse's current allocation.

Things are different as well when it comes to the division of military benefits. In this case, both parties would have to follow the Uniformed Services Former Spouses' Protection Act.

As for child support and alimony payments, the court will consider deployment schedules and relocations before they issue an official settlement. Specific military branches have guidelines on how service members must follow this.

How Long Do Military Divorces Take in New York?

The actual length of a military divorce in NY depends on numerous factors. Some of them include residency requirements, asset division, and military obligations. That's what makes it more complex than standard proceedings.

Regardless of that, the main factor that affects divorces in general is the nature of the process. If it's contested, it will take a lot more time. Uncontested cases often take way less and are less expensive.

When the divorce is contested, the case can take over a year to settle, especially if deployment considerations apply. On the other hand, an uncontested divorce shouldn't take more than six months if everything is done correctly.

Depending on the situation, the SCRA can delay the process to protect the rights of military members, which is its goal. The divorce will become more complex and lengthy if other factors, such as pensions and child custody, are involved.

Factors to Watch Out for in Military Divorces

Someone about to go through a military divorce must be aware of how the whole process works. Everything will become easier if they know what problems to watch out for. Similar to a civilian divorce, there are many considerations to take into account in these cases.

Below is a full explanation of the most important factors to consider when going through a divorce where military members are involved. Although this page offers a general overview of how the process works, it's essential to address specific questions with a lawyer.

Divorce & Family Legal is more than available to answer its clients' concerns in a consultation. People only need to call it to schedule a case evaluation with one of the divorce attorneys in Albany NY working for the firm. They can explain the information in this blog post thoroughly.

Court Jurisdiction

Although residency requirements are more flexible for military members, people still need to meet them to successfully file divorce papers. Courts can't take cases that are outside their jurisdiction.

In New York, judges can handle cases that at least meet one of the following residency criteria:

• One of the spouses has been living in New York for at least two years before filing divorce papers.

• The couple married in New York and lived in the state as a married couple.

• Both spouses were residents of New York at the time of filing, and the cause for divorce happened in the state.

• The active-duty spouse is stationed in New York.

Divorce proceedings can't proceed if residency requirements are not met. This is one of the reasons why the law allows active-duty military members to delay the process.

Servicemembers Civil Relief Act

To explain more thoroughly, the Servicemembers Civil Relief Act protects the rights of military members when they face legal proceedings, which includes divorces. The main reason for this is that, in most cases, the defendant has a limited time to respond.

If the defendant in a contested divorce, for example, can't respond to the initial claim within 20 days, they could lose the case. However, it's common to see military tasks making it impossible for stationed officers to address these situations.

Therefore, military spouses can request a postponement of at least 90 days if they are on active duty. The court may extend that stay if the duties of the defendant keep interfering after that time passes.

This mostly affects contested divorces. If the spouse wishes to go through an uncontested proceeding, they can file a waiver of their SCRA rights. This would allow the divorce process to go on, even if they are on duty.

Uncontested and Contested Alternatives

As shown before, the fact that a divorce is contested dramatically affects the length of the whole process. However, leaving a case uncontested implies letting go of many things, as this includes agreeing on all divorce-related issues.

Uncontested divorces can only happen between an active service member and a civilian if both agree on child custody, alimony, property division, and more. Military retirement benefits are actually included here.

After the plaintiff files the divorce papers, the other spouse has up to 20 days to contest when they are served in New York. If the party serves them in another state, they have 30 days. The active duty spouse could extend that with the SCRA, but it's unnecessary if they don't want to contest.

Divorcing military members is significantly more difficult if they want to contest. Both parties have to gather financial and military records to use in a future trial. Moreover, they will most likely need to negotiate. Typically, this procedure takes up to two years, depending on the complexity of the case and the availability of the court.

Division of Military Benefits

The proper division of military pensions and benefits can delay divorce proceedings a lot. This process is handled by the Uniformed Services Former Spouses' Protection Act.

Legally, there are specific ways to manage the division of military pensions. The Spouses' Protection Act mostly uses the 10/10 rule. Said rule only applies to marriages that last at least 10 years with a decade of military duty overlapping.

If the Spouses' Protection Act uses this method, the Defense Finance and Accounting Service may pay the plaintiff. However, in the case that the 10/10 rule doesn't apply to the legal matter, the non-military spouse must look for other ways to get their support payments.

Addressing these issues takes time, which is what makes divorcing military personnel that complex. The court may delay official hearings if the on-duty spouse is not available.

Child Custody Considerations

Military members still have to follow child custody obligations. However, the court will take deployment considerations into account before it decides the terms of the custody.

If the on-duty spouse, for example, is deployed, the court may order temporary custody arrangements. This will most likely extend the case and make it more complex.

Final Thoughts - Hire a New York Military Divorce Lawyer Now

Undergoing a military divorce in New York is complex due to unique legal protections, residency requirements, and military benefits considerations. Unlike standard proceedings, service members and their spouses must prepare for potential delays under the Servicemembers Civil Relief Act.

Likewise, they must consider special rules regarding pensions, child custody, and spousal support. Understanding these factors can help reduce delays and ensure a smoother process.

While uncontested military divorces often take three to six months, contested cases generally last a year or more. The best way to address the process is to work with an experienced military divorce lawyer who understands both New York family law and military regulations. They can also provide insight to questions like how long does an uncontested divorce take in NY?

At Divorce & Family Legal, attorneys help military families in Albany and throughout New York manage the divorce process efficiently and effectively. Whether the client is a service member or a military spouse, having the right legal support can make all the difference in securing a fair outcome.

Someone considering a military divorce doesn't have to face the challenges alone. They can call today to schedule a free consultation and take the first step toward resolution.