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Asked in Watertown, NY Jun. 03, 2013 ,  5 answers Visitors: 112
Do military couples have to abide to new york resident requirements to file a divorce?
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5 Answers

Anonymous
Reply

Posted on / Jun. 05, 2013 20:05:21

Good afternoon:
The question has many parts.
One does the military have to follow New York law- Clearly yes
2.As another counsel who answered this question indicate do you have grounds under New York Law.
3. Do es NY Court have jurisdiction to hear the case.

Section 230 of Domestic Relation Law
"1. The parties were married in the state and either party is a
resident thereof when the action is commenced and has been a resident
for a continuous period of one year immediately preceding, or
2. The parties have resided in this state as husband and wife and
either party is a resident thereof when the action is commenced and has
been a resident for a continuous period of one year immediately
preceding, or
3. The cause occurred in the state and either party has been a
resident thereof for a continuous period of at least one year
immediately preceding the commencement of the action, or
4. The cause occurred in the state and both parties are residents
thereof at the time of the commencement of the action, or
5. Either party has been a resident of the state for a continuous
period of at least two years immediately preceding the commencement of
the action."

As we frequently say contact local counsel to sit down with you to discuss the facts in your case to see if you meet the Jurisdictional requirements

BRAD S. MARGOLIS,ESQ.

Anonymous
Reply

Posted on / Jun. 05, 2013 01:41:50

If you want to be divorced in New York then you have to meet New York's jurisdiction (resident) requirements. The fact that you are military has nothing to do with jurisdiction. I represent many soldiers and spouses in my practice here in Texas. These folks come from all over. All they need to do is wait 6 months after they move here and then they can be divorced in Texas. But they are also subject to all of Texas' laws. I would look into where its more advantageous to you to get divorced. Maybe the state you came from has more favorable treatment. Just something extra to think about.

Anonymous
Reply

Posted on / Jun. 03, 2013 19:58:49

Yes. Everybody does. It is jurisdictional.

Anonymous
Reply

Posted on / Jun. 03, 2013 18:59:07

The prior attorney has listed the law as it stands in NY, which spells out what you must satisfy in order to obtain a divorce within state lines. As a military spouse, you should qualify for legal services through the local JAG office. It would not hurt to see what services they can provide you, whether it is someone in the military itself or if they have attorneys they refer servicemembers to privately that work with military families. I'm sure there is a support office at a base where you can go onto and see if you can speak with someone who can help.

Anonymous
Reply

Posted on / Jun. 03, 2013 18:30:28

Yes.

§ 170. Action for divorce. An action for divorce may be maintained by
a husband or wife to procure a judgment divorcing the parties and
dissolving the marriage on any of the following grounds:
(1) The cruel and inhuman treatment of the plaintiff by the defendant
such that the conduct of the defendant so endangers the physical or
mental well being of the plaintiff as renders it unsafe or improper for
the plaintiff to cohabit with the defendant.
(2) The abandonment of the plaintiff by the defendant for a period of
one or more years.
(3) The confinement of the defendant in prison for a period of three
or more consecutive years after the marriage of plaintiff and defendant.
(4) The commission of an act of adultery, provided that adultery for
the purposes of articles ten, eleven, and eleven-A of this chapter, is
hereby defined as the commission of an act of sexual intercourse, oral
sexual conduct or anal sexual conduct, voluntarily performed by the
defendant, with a person other than the plaintiff after the marriage of
plaintiff and defendant. Oral sexual conduct and anal sexual conduct
include, but are not limited to, sexual conduct as defined in
subdivision two of section 130.00 and subdivision three of section
130.20 of the penal law.
(5) The husband and wife have lived apart pursuant to a decree or
judgment of separation for a period of one or more years after the
granting of such decree or judgment, and satisfactory proof has been
submitted by the plaintiff that he or she has substantially performed
all the terms and conditions of such decree or judgment.
(6) The husband and wife have lived separate and apart pursuant to a
written agreement of separation, subscribed by the parties thereto and
acknowledged or proved in the form required to entitle a deed to be
recorded, for a period of one or more years after the execution of such
agreement and satisfactory proof has been submitted by the plaintiff
that he or she has substantially performed all the terms and conditions
of such agreement. Such agreement shall be filed in the office of the
clerk of the county wherein either party resides. In lieu of filing such
agreement, either party to such agreement may file a memorandum of such
agreement, which memorandum shall be similarly subscribed and
acknowledged or proved as was the agreement of separation and shall
contain the following information: (a) the names and addresses of each
of the parties, (b) the date of marriage of the parties, (c) the date of
the agreement of separation and (d) the date of this subscription and
acknowledgment or proof of such agreement of separation.
(7) The relationship between husband and wife has broken down
irretrievably for a period of at least six months, provided that one
party has so stated under oath. No judgment of divorce shall be granted
under this subdivision unless and until the economic issues of equitable
distribution of marital property, the payment or waiver of spousal
support, the payment of child support, the payment of counsel and
experts' fees and expenses as well as the custody and visitation with
the infant children of the marriage have been resolved by the parties,
or determined by the court and incorporated into the judgment of
divorce.

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