Legal Question in Family Law in New York
Military Divorce
My brother and his wife are both active in the military. My brother still maintains an address (as well as file his state income taxes) in NY. He would like to file for divorce from his spouse. Can he file in NY? There are no children or property involved. Are there any special conditions that may apply since they are both active in the military? Are the procedures the same as a civilian divorce?
2 Answers from Attorneys
Re: Military Divorce
If your brother's "legal" residence is in NY, the marriage was performed in NY or the parties "marriage residence was in NY, then your brother should be able to file for divorce in NY.
However, that does not mean his wife will be prevented from filing in another state, or objecting to NY's jurisdiction.
Divorce in the US is "civilian," (civil, not military or religious). Although most states recognize that some religions do not acknowledge a divorce for members without that religion's "divorce."
Good luck,
Phroska L. McAlister,ESQ
Re: Military Divorce
While it may be possible for your brother to file for divorce in NY, he will want to speak with the Legal Assistance Office on his military base or to the unit Judge Advocate. During my time as a Judge Advocate, our offices found that most states have a shorter waiting period for filing an uncontested divorce (generally, only a six month separation is requiredbefore a divorce can be finalized).
Feel free to e-mail me if you have any other questions.
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