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I am active duty military who is filing for a divorce from a civilian spouse who resides in brooklyn ny. We have two children and both agree to split

1 Answers. Asked on Apr 26th, 2017 on Divorce - New York
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How can I proceed and find the right legal presentation for military members
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Answered on Apr 27th, 2017 at 8:50 PM

An attorney can file an uncontested divorce action on your behalf, and the laws are the same whether or not you are in the military.  First a separation agreement needs to be negotiated that takes into account any legally required maintenance and child support, depending on the ages of your children. A good agreement will be detailed and will resolve the distribution of all of your joint assets, pension, and real property, and address all aspects of your childrens' lives in which decisions will need to be made, such as education, religion, activities and medical insurance, and leave no loose ends.  The separation agreement will become your divorce agreement when the papers are filed and the judge signs the decree.

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Ending a marriage is more than just an emotional process--it's also a legal process. The court must approve your "dissolution of marriage" petition, and will also rule on issues related to the division of property, alimony (also known as spousal support or maintenance), child custody and child support. A divorce or family law attorney can help guide you through the divorce process, while also negotiating with your soon-to-be ex-spouse and his or her divorce lawyer. It's important to note that ethics laws prohibit the same law firm or attorney from representing both spouses in a divorce. Even if your divorce is an amicable one, it's critical to have your own legal representation to ensure that you're treated fairly at all stages of the divorce proceeding.
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