Military Divorce Lawyer Suffolk County, NY

You are a service member stationed on Long Island — perhaps with the 106th Rescue Wing at Gabreski Airport or the Coast Guard station in Montauk — and your marriage is coming apart. Or you are the spouse of a service member, trying to sort out a divorce while deployment schedules, federal benefits, and military regulations complicate every decision. A military divorce brings legal layers that do not appear in a typical civilian case: the Servicemembers Civil Relief Act can pause proceedings, the division of military retirement follows its own set of rules, and custody plans must account for possible relocations or deployments. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. Concentrate on these intersecting issues for clients in Suffolk County, New York. They work to protect the rights of service members and their spouses alike. Call (888) 437-7747 to speak with our firm about a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

How a Military Divorce Differs in New York

A divorce that involves a service member is still filed in the New York Supreme Court — the Suffolk County Supreme Court, located at 1 Court Street in Riverhead, handles all matrimonial matters for the county. But military status adds several procedural and substantive wrinkles. First, the Servicemembers Civil Relief Act (SCRA) allows a deployed or active-duty spouse to request a stay of proceedings when military duties prevent meaningful participation. The court will evaluate the request and may postpone deadlines, which can affect the overall timeline.

Second, jurisdiction over a military pension is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA). New York is an equitable distribution state under Domestic Relations Law § 236, meaning the court divides marital property fairly — not necessarily equally. The USFSPA permits state courts to treat disposable retired pay as marital property, but only if certain jurisdictional thresholds are met, such as residence or consent. Mr. Sris and his Of Counsel examine the service member’s duty station history, the spouse’s ties to New York, and the length of the marriage overlapping military service to determine how the pension might be divided.

Third, health care and survivor benefits — including continued TRICARE coverage and Survivor Benefit Plan elections — often become bargaining points in the settlement. These benefits carry their own deadlines and requirements that must be addressed before the divorce decree is final. The firm helps clients inventory these assets and negotiate terms that serve their long-term interests.

What to Expect When You File for Military Divorce in Suffolk County

The divorce process starts when a complaint is filed in Suffolk County Supreme Court. New York requires that the marriage be irretrievably broken for at least six months for a no-fault divorce, or that a fault ground such as adultery or cruelty be proven. If both sides agree on all issues — property division, spousal maintenance, child custody, and child support — the matter may proceed as an uncontested divorce. If disputes exist, the case is contested and moves through a mandatory settlement conference before a trial date is set. In Suffolk County, contested cases can take twelve months or more, depending on the court’s calendar and the complexity of the military benefit issues.

While the divorce is pending, either party may ask the court for temporary orders — called pendente lite relief — to address financial support, exclusive use of the marital home, or interim custody. For military families, deployment schedules or imminent permanent change-of-station (PCS) orders can make pendente lite motions especially urgent. Mr. Sris and his Of Counsel work to present a clear picture of the service member’s obligations and the family’s needs so the court can issue practical orders.

If children are involved, the Suffolk County Family Court may handle custody and visitation matters alongside the Supreme Court divorce action. The standard is the best interests of the child, and the court considers factors such as each parent’s stability, the child’s relationship with extended family, and the impact of a parent’s military duties. A parenting plan that accommodates drill weekends, annual training, or overseas deployments is often a central part of the negotiation.

Key Legal Issues in a Military Divorce

Several legal questions surface repeatedly in military divorce cases handled by the firm:

• Division of military retirement. The USFSPA does not automatically award a share of the pension to the former spouse; a state court must expressly divide it. Mr. Sris and his Of Counsel calculate the marital fraction — years of marriage during military service divided by total years of service — and determine how the New York equitable distribution factors apply. They also address the impact of VA disability pay, which cannot be divided as property but may be considered for support purposes.
• Child custody and visitation. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. A service member’s deployment or transfer can disrupt a standing custody order. The firm assists in drafting custody agreements that include notice requirements, temporary adjustments during deployment, and reunification plans. Because New York courts look at the child’s best interests, they are generally reluctant to penalize a parent solely for military service, but the practical realities require careful planning.
• Child support and spousal maintenance. New York uses a statutory formula for child support — a percentage of combined parental income up to a statutory cap — and for spousal maintenance, with adjustments for factors such as the length of the marriage and each spouse’s earning capacity. Military allowances, such as Basic Allowance for Housing (BAH), are includable income. The firm analyzes pay records and leave-and-earnings statements to present accurate numbers.

Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings trial experience to contested family law matters, including military divorce cases that may require courtroom advocacy. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).

Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. They have documented thousands of family law matters across all the firm’s practice areas; on every matter the team works toward a favorable outcome. In your case.

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Frequently Asked Questions About Military Divorce in Suffolk County

Can a service member delay a divorce while deployed?

A service member on active duty may request a stay of divorce proceedings under the Servicemembers Civil Relief Act if military duties prevent participation. The Suffolk County Supreme Court will evaluate the request and typically grant a temporary delay — often for the duration of deployment plus a short period afterward. The stay is not automatic; the service member must demonstrate that military service materially affects the ability to appear or respond. Mr. Sris and his Of Counsel help service members file the necessary motion and documentation. For more on your specific situation, call (888) 437-7747.

How is a military pension divided in a New York divorce?

Under the USFSPA, New York courts may treat disposable retired pay as marital property and divide it equitably, but the pension is not automatically split. The marital fraction — years of marriage overlapping military service divided by total service — determines the portion subject to division. New York then applies equitable distribution factors under DRL § 236. A separate court order, often a Domestic Relations Order, is required to direct the Defense Finance and Accounting Service to make direct payments. The firm guides clients through the valuation and drafting process.

Does deployment affect child custody?

A deployment alone does not cause a parent to lose custody, but it can trigger a temporary modification of the custody order while the service member is away. Suffolk County courts focus on the child’s best interests and will generally approve a family care plan that designates a temporary custodian during deployment. The firm works with parents to craft detailed parenting plans that address notice, communication during deployment, and reunification upon return, reducing uncertainty for both the child and the deployed parent.

What if my spouse is stationed in another state but we still live in Suffolk County?

If one party meets New York’s residency requirement, the Suffolk County Supreme Court can exercise jurisdiction over the divorce even if the service member is stationed elsewhere. Personal jurisdiction over the out-of-state spouse may require proper service of process, and the SCRA could affect timing. The firm evaluates where the service member claims legal residence, where the parties last lived together, and whether grounds exist under New York law to file in Suffolk County. Reach Mr. Sris and his Of Counsel at (888) 437-7747 to discuss jurisdiction.

Is VA disability pay divisible as property?

VA disability pay is not marital property and cannot be divided, but the court may consider it as income for child support or spousal maintenance purposes. Many service members elect VA disability at retirement, reducing the disposable retired pay that is divisible. The firm helps clients understand the financial impact of a disability election and whether a settlement can offset the lost pension share through other assets or support provisions.

Do I need a lawyer for a military divorce in Suffolk County?

You are not required to hire a lawyer, but a military divorce involves intersecting federal and state laws that make legal guidance valuable. The SCRA, USFSPA, and New York equitable distribution rules interact in ways that can affect your pension, support, and custody rights for years. Mr. Sris and his Of Counsel work to ensure that all procedural requirements are met and that your interests are presented clearly to the court. For a consultation, call (888) 437-7747.

How long does a military divorce take in Suffolk County?

The timeline depends on whether the divorce is contested and whether a SCRA stay is invoked; an uncontested divorce may conclude in several months, while a contested case often takes longer than a year. Because Suffolk County Supreme Court requires a mandatory settlement conference and many military divorces involve complex property division, the court’s calendar and the parties’ cooperation heavily influence the pace. Mr. Sris and his Of Counsel pursue efficient resolution while protecting your rights. Results may vary.

What happens to TRICARE after divorce?

A former spouse may retain TRICARE coverage only if the 20/20/20 rule is met — at least twenty years of marriage, twenty years of military service, and twenty years of overlap. If those requirements are not satisfied, coverage ends when the divorce is final. The firm helps clients understand whether they qualify and, if not, explore alternative health insurance options before the divorce decree is entered.

Can I get spousal maintenance from a service member in New York?

New York law provides a statutory formula for temporary and post-divorce spousal maintenance, taking into account the length of the marriage and each spouse’s income. Military allowances are includable in the income calculation. The court also considers factors such as the standard of living during the marriage and the spouse’s ability to become self-supporting. Mr. Sris and his Of Counsel analyze the service member’s leave-and-earnings statement to present a complete financial picture.

What if I need a protective order during the military divorce?

Either spouse may seek an order of protection from the Suffolk County Family Court if there is domestic violence, regardless of the pending divorce. The Family Court can issue temporary and permanent orders that affect custody, visitation, and access to the marital residence. Because the Family Court and Supreme Court operate in parallel, the firm coordinates between both courts to ensure consistent rulings. For immediate guidance, call (888) 437-7747.

Request a Consultation
Call Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your military divorce matter. Our New York location serves Suffolk County by appointment: 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202. Phones are answered 24 hours a day, every day.

For a full statutory breakdown of New York divorce law, see our comprehensive analysis on srislawyer.com.

Last reviewed: June 2026

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