Best Military Divorce Lawyers in Tarrytown

About Military Divorce Law in Tarrytown, United States

Divorce involving a military service member combines state family law rules with federal protections and rules that apply only to the armed forces. In Tarrytown, New York, divorce actions and most related family-law matters are governed primarily by New York State law and are heard in the Westchester County courts. At the same time, federal statutes such as the Servicemembers Civil Relief Act and the Uniformed Services Former Spouses Protection Act affect procedure and how military pay and benefits are treated in a divorce. Because military pay, retirement, deployment cycles, health benefits, and federal rules create special issues, military divorces often require focused legal advice.

Why You May Need a Lawyer

Military divorces raise issues not commonly encountered in civilian cases. You may need a lawyer when any of these situations apply:

- A spouse is on active duty, deployed, or stationed outside New York and there are timing, notice, or jurisdiction concerns.

- The marriage involves military retirement pay, Survivor Benefit Plan election, or veterans benefits that must be allocated or protected.

- There are child custody, visitation, or child support matters complicated by frequent moves, deployments, or one parent being stationed overseas.

- You need to preserve health care coverage for a former spouse or dependent, or determine eligibility for continued TRICARE or other military benefits.

- Property division involves military housing allowances, special pay, bonuses, or deferred compensation that require careful valuation.

- The service member may be eligible for or receiving VA disability compensation that can affect support and retirement pay division.

- You need temporary emergency orders for support or protection while a spouse is unavailable because of military duties.

- You want to ensure the court order includes the precise federal-language and formatting required for direct payment to a former spouse by the Defense Finance and Accounting Service.

Local Laws Overview

Key aspects of local and state law in and around Tarrytown that affect military divorce include:

- Forum and venue: Divorce actions are typically filed in the New York State Supreme Court in the county where you meet residency requirements. Tarrytown is in Westchester County, and family matters are often handled by the Westchester County Supreme Court in White Plains or by Westchester Family Court for certain support and custody issues.

- New York residency rules: To file for divorce, plaintiffs must satisfy New York residency requirements. Common paths include one spouse being a resident of New York when filing and meeting specific duration tests. Military service and temporary absences do not necessarily break residency, but the facts must be reviewed carefully.

- Grounds and relief: New York allows no-fault divorce for irretrievable breakdown for at least six months, as well as fault-based grounds. Courts apply equitable distribution for property division, and New York uses statutory rules and discretion for post-divorce maintenance (spousal support).

- Military retirement pay: Federal law under the Uniformed Services Former Spouses Protection Act allows state courts to treat military retirement pay as divisible community property under state law. To have the Defense Finance and Accounting Service pay a portion of retired pay directly to a former spouse, the court order must use required USFSPA language and often meet a 10-year overlap rule for direct payments.

- Servicemembers Civil Relief Act: SCRA protections can delay proceedings, protect against default judgments, and sometimes affect enforcement of orders while a service member is on active duty.

- Child custody - jurisdiction and enforcement: New York follows the Uniform Child Custody Jurisdiction and Enforcement Act. Deployment and temporary moves affect practical arrangements for custody and visitation; courts try to fashion orders that account for deployment schedules and possible relocation.

- Benefits and health care: Eligibility for continued TRICARE or other military benefits for a former spouse depends on factors such as length of marriage overlapping with military service. VA disability generally is not divisible as marital property, but it can indirectly affect income calculations, entitlements, and support awards.

Frequently Asked Questions

What court handles divorce cases for people living in Tarrytown?

Divorce cases are filed in the New York State Supreme Court for the county where you meet residency requirements. Tarrytown is in Westchester County, so most divorces for local residents are handled by the Westchester County Supreme Court in White Plains. Child support and custody matters can also be addressed in Westchester Family Court depending on the relief sought.

How does the Servicemembers Civil Relief Act affect my divorce case?

SCRA protects active-duty service members from certain legal actions that could prejudice them while they are serving. It can provide a stay or postponement of civil proceedings if military duty materially affects the service members ability to defend the case. It also restricts default judgments in some circumstances and provides protections related to interest rates and property. You still must comply with procedural requirements to invoke SCRA relief.

Will military retirement pay be divided in a New York divorce?

Yes. Under federal and state law, New York courts can treat military retirement pay as marital property subject to equitable distribution. The court determines each spouses share according to New York principles of fairness. To have a portion of the military retirement pay sent directly to the former spouse by the Defense Finance and Accounting Service, the court order must include specific USFSPA-compliant language and meet administrative requirements.

What is the 10-year rule and the 20-year rule I hear about?

There are two important time-based rules to know. The 10-year rule generally refers to eligibility for the Defense Finance and Accounting Service to make direct payments to a former spouse from retired pay - typically the marriage must overlap at least 10 years with the military service that earned the retirement to qualify for certain administrative payments. The 20-year rule often refers to eligibility for TRICARE or other continued health benefits for a former spouse - commonly the marriage must have lasted 20 years and overlapped with 20 years of military service. Exact eligibility depends on the specific benefit and regulatory details, so confirm the criteria with a lawyer and the applicable military offices.

How are child custody and visitation handled when one parent is deployed?

Courts try to protect the best interests of the child while accounting for deployment realities. Orders may establish custody and visitation schedules that accommodate deployments, create provisions for temporary guardianship or extended visitation, and address communications during deployment. The Uniform Child Custody Jurisdiction and Enforcement Act governs jurisdiction. If deployment affects a parents ability to appear, SCRA may also be relevant.

Will a former spouse keep TRICARE or other military health benefits after divorce?

Continued eligibility for TRICARE and other military health benefits for a former spouse depends on specific rules, often tied to the length of the marriage and the overlap with military service. The so-called 20-year rule is a common threshold for some benefits. In many cases, divorced spouses will lose eligibility unless the marriage and service overlap meet the regulations. Alternative private coverage or COBRA options may be available; consult military benefit offices and your lawyer early in the process.

Can VA disability benefits be divided in a divorce?

Generally, VA disability compensation is an individual benefit awarded to the veteran and is not treated as divisible marital property for property division. However, the income effect of disability payments can be relevant to spousal or child support calculations and to decisions about awarding income-based relief. Attorneys often coordinate with VA and DFAS rules to protect client interests.

How does New York evaluate spousal maintenance and support in military divorces?

New York applies statutory factors when awarding maintenance, including income of the parties, duration of the marriage, age and health, and contribution to the marriage. Military pay, allowances, special pay, and retirement can all affect calculations. Keep in mind that federal tax law changes mean alimony agreements executed after 2018 are treated differently for federal taxes than older agreements.

What steps are needed to have DFAS make direct retirement payments to a former spouse?

You need a court order that complies with the Uniformed Services Former Spouses Protection Act and DFAS administrative rules. The order must include specific language identifying the portion of disposable retired pay to be paid to the former spouse, and it must meet procedural and documentation requirements DFAS sets forth. Having an experienced attorney draft or review the order helps prevent delays or rejection by DFAS.

Where can I get legal help if I cannot afford a private attorney in Tarrytown?

There are several options for low-cost or free help. Military members and some family members may access base legal assistance or JAG services for particular matters. Local organizations such as Legal Services providers, veterans service offices, and bar association lawyer referral services may offer pro bono programs or reduced-fee representation. For New York residents, local resources include county legal aid offices and bar association referral services in Westchester County.

Additional Resources

Below are agencies and organizations that can assist or provide information for someone facing a military divorce in the Tarrytown area:

- Westchester County Supreme Court and Westchester Family Court - for filing, local procedures, and court calendars.

- Westchester County Clerk - for records, filings, and certified copies of court orders.

- New York State Unified Court System - statewide family law forms, procedures, and resources.

- Defense Finance and Accounting Service - administers military retired pay and processes allotments to former spouses when orders comply with USFSPA.

- Base legal assistance offices and Judge Advocate General - provide limited legal advice to active-duty members, spouses, and dependents about procedure and rights.

- Department of Veterans Affairs and New York State Division of Veterans Services - for benefits, counseling, and veterans-specific questions.

- Military OneSource and other Department of Defense family programs - for counseling, referral services, and informational material.

- Local legal aid and pro bono services, such as Legal Services of the Hudson Valley and Westchester Bar Association Lawyer Referral Service, for low-cost or free legal help.

- Organizations that assist with family law and military matters, including veteran support groups and national bar association military law panels, for guidance and referrals.

Next Steps

If you are considering or facing a military divorce in Tarrytown, take these practical steps:

- Gather documents: marriage certificate, military identification and status, Leave and Earnings Statements, bank statements, tax returns, retirement or pension statements, insurance and benefits paperwork, and property deeds or titles.

- Check residency: confirm that you meet New Yorks residency requirements to file in Westchester County; military assignments and temporary moves can affect residency in complex ways.

- Contact military legal assistance for an initial consultation if you or your spouse is on active duty - they can explain SCRA protections and immediate steps to take.

- Consult an attorney experienced in military divorces and New York family law. Ask about experience with DFAS orders, SCRA issues, and handling deployment complications.

- Consider temporary orders for support, custody, and protection early in the process to handle immediate needs while the main case proceeds.

- Plan for benefits: determine potential changes to health care, retirement, and veterans benefits and how those changes will affect finances and support calculations.

- Keep records of service-related moves, deployments, and communications that may be relevant to custody and jurisdiction questions.

- Explore mediation or collaborative approaches if appropriate - these can be faster and less adversarial, but make sure any agreement addresses military-specific issues and uses proper language for enforceability with DFAS and other agencies.

- If you face safety concerns, seek immediate help from local law enforcement, domestic violence resources, or the courts for protective orders.

Military divorces involve a mix of federal rules and New York law. Early preparation and knowledgeable legal advice tailored to military circumstances can protect rights and streamline resolution. If you need help, start by gathering documentation and contacting a lawyer who understands both military benefits and Westchester County family law practice.