Family Law Support For Members Of The Military

Divorce and family law issues hit military families as hard as anyone. However, the laws governing military divorce differ in significant ways from the laws affecting the general population. Attorney Warren Welch and his staff are well-equipped to handle military family law issues and can help you understand how your or your spouse's military career affects your legal rights.

Military Divorce In New York

Some of the unique issues facing military service members and their families include:

  • The Soldiers and Sailors Civil Relief Act (SSCRA) protects military service members from civil actions while on active duty. Modern technology has made communication over long distances easier, and courts are less likely to grant SSCRA protection to those with access to electronic communication. You should consult with an experienced military divorce attorney to learn how the law applies to you.
  • Certain military benefits, such as Basic Allowance for Housing (BAH) and Basic Allowance for Sustenance (BAS), are not taxable but are includable for calculating child support.
  • Child support and spousal support may not exceed 60 percent of a military service member's net pay and allowances.
  • Military retirement and divorce: Division of military retirement benefits is governed by the Uniformed Services Former Spouses' Protection Act (USFSPA).

Every case is unique. Warren Welch, Esq. LLC, can help you understand your rights and guide you through the legal process. Whether you are at home or stationed far away, attorney Welch has the skill and experience to protect your rights.

Contact Us

Warren Welch Esq., LLC, represents military service members and their spouses in a broad range of family law matters, including divorce, child custody, child support and property division.

Contact Warren Welch, Esq., LLC, at 585-200-5437 to arrange a consultation with an experienced Rochester military divorce lawyer. You can also schedule an appointment online.