Military Divorce Lawyer Brooklyn, NY
You are a service member or the spouse of one, stationed at Fort Hamilton or living in one of Brooklyn’s historic neighborhoods—Park Slope, Bay Ridge, DUMBO, Williamsburg—and your marriage is ending. You need a military divorce lawyer in Brooklyn, NY who understands not only New York family law but also the distinct rules that apply when one spouse serves in the armed forces. Military divorce involves the same issues any divorce does—division of property, spousal support, child custody—but layered onto those are federal protections like the Servicemembers Civil Relief Act, the division of a military pension under the Uniformed Services Former Spouses’ Protection Act, and the practical challenges of a deployment schedule that can upend custody arrangements. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. have represented service members and military spouses in family law matters in Kings County and throughout New York, drawing on over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary. If you are searching for a military divorce lawyer in Brooklyn, NY, you can reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Military Divorce Means in Brooklyn, New York
A military divorce in Brooklyn still begins, from the court’s perspective, as a divorce under New York’s Domestic Relations Law. The no‑fault ground of irretrievable breakdown for at least six months is available, as are the fault‑based grounds that some service members and spouses may choose to pursue. The case is filed in Supreme Court, Kings County—housed at 360 Adams Street in downtown Brooklyn—which has jurisdiction over all divorce and equitable distribution matters. If the couple has minor children, the associated custody, visitation, and child support matters are typically heard in Kings County Family Court, located at the same address.
What sets a military divorce apart is the overlay of federal law. The Servicemembers Civil Relief Act can stay proceedings when a service member’s military duties materially affect the ability to participate in the case. Pension division follows the “10/10 rule” for direct payment from the Defense Finance and Accounting Service—a threshold that often decides whether the former spouse receives the share directly or must rely on the service member to pay it. Deployment and the possibility of a permanent change of station can influence custody and visitation orders, and the court must consider how a parent’s military obligations fit into the trusted‑interests‑of‑the‑child analysis. Mr. Sris and his Of Counsel have handled these intersections repeatedly. Results may vary.
How Mr. Sris and His Of Counsel Handle Military Divorce Cases
Every military divorce case that Mr. Sris and his Of Counsel accept in Brooklyn receives the same disciplined approach. First, they identify the issues that make the case uniquely military—whether it is a soon‑to‑be‑disbursed pension, a pending deployment, or a service member who is about to separate from the military and lose the commissary and exchange privileges that the former spouse relies on. They then map those issues onto the New York statutory framework, including equitable distribution under Domestic Relations Law § 236, maintenance under the statutory formula, and child support determined by the percentage‑of‑income guidelines codified in New York law. Where federal law provides a procedural shield—such as the Servicemembers Civil Relief Act’s stay provisions—they evaluate whether the shield should be asserted or, on the other side, whether the spouse should move the court to proceed despite a service member’s absence.
Throughout the process, Mr. Sris and his Of Counsel aim to negotiate a settlement that accounts for the military‑specific assets and obligations while recognizing the realities of military life. When settlement is not appropriate, they are prepared to litigate in Kings County Supreme Court and Family Court. The timeline of a military divorce depends on whether the service member is available to participate, whether the case is uncontested or contested, and the court’s own calendar. Mr. Sris and his Of Counsel keep clients informed of the procedural steps and work to advance the matter as the circumstances of each case permit.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing family law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York—a five‑jurisdiction practice that allows him to represent clients whose military service has taken them across multiple states. Mr. Sris is a former prosecutor, and his background in the courtroom gives him a practical understanding of how to present evidence and argue contested matters. Although military divorce is a civil family‑law matter and not a criminal prosecution, the trial skills Mr. Sris developed as a prosecutor transfer directly to contested divorce hearings and custody disputes.
Working alongside Mr. Sris are his Of Counsel attorneys, each experienced in family law and familiar with the special considerations that arise when one party is in the military. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
How does a deployment affect child custody in a Brooklyn military divorce?
A deployment can significantly affect child custody because the service member parent will be unavailable for an extended period. New York courts decide custody based on the best interests of the child, and the parent’s absence during deployment is a factor the court must weigh. The law allows for a family care plan that designates a temporary custodian during the deployment, and custody orders can include provisions that resume the service member’s parenting time upon return. Mr. Sris and his Of Counsel work with clients to craft parenting plans that anticipate deployments and protect the service member’s relationship with the child.
How is a military pension divided in a New York divorce?
Military retired pay is marital property subject to equitable distribution in New York, just like a civilian pension. The court determines the marital portion of the pension—generally the amount earned during the marriage—and divides it according to the factors in Domestic Relations Law § 236. To receive direct payment from the Defense Finance and Accounting Service, the former spouse must have been married to the service member for at least ten years overlapping ten years of creditable military service (the “10/10 rule”). Even without meeting that threshold, the court can order the service member to pay the spouse’s share. Mr. Sris and his Of Counsel ensure that the division is properly calculated and, when applicable, a qualified domestic relations order is prepared.
Can a military spouse in Brooklyn get a divorce while the service member is stationed overseas?
Yes, a military spouse can initiate a divorce in Kings County even if the service member is stationed overseas, provided New York has jurisdiction. If the service member cannot be personally served, the Servicemembers Civil Relief Act may allow the service member to request a stay of proceedings. Mr. Sris and his Of Counsel evaluate whether the service member is likely to assert the stay and, if so, whether the spouse can obtain temporary orders for support and custody. The process may involve service through military channels or by other means allowed under New York law.
Do I need a military divorce lawyer if my spouse is stationed at Fort Hamilton?
While you are not legally required to hire a military divorce lawyer, doing so can help you navigate the intersection of state and federal law that applies when one spouse is in the military. A Brooklyn military divorce lawyer who understands both the New York Family Court system and the unique protections and rules that affect military members can help you protect your rights regarding pension division, the availability of a stay of proceedings, and custody arrangements that account for a parent’s military obligations. Mr. Sris and his Of Counsel have handled military divorce matters in Kings County and can explain how the law applies to your situation.
How long does a military divorce take in Brooklyn?
The timeline for a military divorce in Brooklyn depends on whether the case is contested and whether a stay is requested under the Servicemembers Civil Relief Act. An uncontested divorce in New York can proceed more quickly, but even an uncontested matter may be delayed if the service member is deployed or stationed in a location where service of papers is difficult. A contested divorce, particularly one involving custody disputes, can take considerably longer. Mr. Sris and his Of Counsel work to advance the matter as efficiently as the law and the court’s calendar allow, keeping clients informed of each step.
What should I bring to my first consultation with a Brooklyn military divorce lawyer?
Bring any documents that show the marriage date, the parties’ income, military service records, and an inventory of assets and debts. For a military divorce, helpful items include the service member’s Leave and Earnings Statement, the most recent Defense Department Form 2656 (retirement pay application), any existing family care plan, and deployment orders if applicable. The more information you bring, the better Mr. Sris and his Of Counsel can assess your case and advise you on what to expect. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
For further reading on how New York law treats military retirement division and the procedural steps unique to a military divorce, see our comprehensive analysis at the firm’s divorce practice page. If you need a military divorce lawyer in other New York City boroughs, you may find our pages on Military Divorce Lawyer Manhattan, Military Divorce Lawyer Queens, and Military Divorce Lawyer Staten Island helpful. The firm also serves clients throughout New York State.
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.
Attorney advertising. Prior results do not guarantee a similar outcome.