Military Divorce in New York

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Divorce is something that no couple imagines at the time they are first married. However, they happen, and if you are either a member of the U.S. military, or the spouse of one, there is a lot you need to know about the legal process going forward. Please read on and reach out to our firm to learn more about what you can expect, as well as how our firm can help. Here are some of the questions you may have:

What are the residency requirements for military divorces?

To begin the divorce process, you and your spouse must first satisfy the residency requirements. However, since military members are often on-the-go, residency requirements are adjusted accordingly. A military member, or the spouse of a military member may only file for divorce:

  • In the state where the military member is stationed
  • In the state where the couple has legal residence
  • In the state where the military member claims legal residence

How do I serve a military member divorce papers?

To serve divorce papers to a member of the U.S. military, you will have to go to the base and speak with the designated official who acts as a law enforcement officer. However, even if you serve the divorce papers, if your spouse is currently away on duty, he or she may not accept the serve, thereby requesting a “stay” on the divorce. This will prolong the divorce until he or she returns from duty.

What does “default judgment” mean?

Civilian divorces require a spouse to respond when the other spouse files a Complaint for Divorce. When a spouse does not respond or act on the complaint, courts will very often issue a default judgment, which is essentially a binding verdict in favor of the spouse who filed the Complaint. However, since military duty very often prevents spouses from immediately responding to these Complaints, members of the U.S. military are generally protected from default judgments. Therefore, divorces may not be decided without the military member’s physical presence, or without legal counsel representing the military member while he or she is away.

Contact our experienced New York firm

Divorce is complex. Fortunately, our firm is here to address any questions and concerns you may have regarding your rights, assets, and future. When you choose our firm to represent your best interests, we address each of your concerns and answer all of your questions to help you rest assured knowing you have a compassionate, skilled firm fighting in your corner. We leave no stone unturned. No matter your legal situation, if you need us, we are here. We pride ourselves on providing sympathetic service and aggressive representation to clients all over Suffolk County. Do not hesitate to contact the Law Offices of Susan A. Kassel, P.C. for a consultation.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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