Regardless of your circumstances, divorce is undoubtedly a difficult process to navigate. However, you’ll find that if you or your spouse is a member of the United States armed forces, there are additional factors you must consider that can make these matters more complicated. Generally, one of the most common questions military members have about their divorce is where they must file. If you’re unsure of these circumstances, you’ll want to keep reading. You’ll also discover the additional impacts military enrollment can have on your divorce and the importance of working with an experienced Nassau County divorce lawyer to help you through these matters.
Where Do Military Members File for Divorce?
Generally, to file for divorce in a certain state, you’ll need to meet the residency requirements. However, as a member of the armed forces, this can be difficult to determine, as where your permanent residence is, where your spouse lives, and where you are stationed may all differ.
New York, like most states, will waive the residency requirements for members of the military who are stationed in the state or who are permanent residents stationed in a different state. Typically, to obtain a divorce in New York, you or your spouse must have lived in the state for at least two years, or you must live in the state for one year while either getting married in the state, living in the state as a married couple, or the grounds for your divorce occurred in the state. However, because members of the armed forces move often due to the nature of their work, the state recognizes that meeting these requirements can be nearly impossible for some.
You’ll find that being able to choose where you want to file for divorce can have benefits. For example, if you are stationed in New York but your permanent residence is in California, you may want to file in New York because of the state’s equitable distribution laws.
How Does Enrollment in the Armed Forces Impact Divorce?
It’s important to understand that the residency requirement is not the only change that members of the armed forces and their spouses can experience when filing for divorce. The Uniformed Services Former Spouses’ Protection Act provides additional protections for the non-military member spouse provided they meet certain requirements. Generally, you can receive medical, exchange, and commissary benefits if you do not get remarried and were married for at least twenty years, your spouse served for at least twenty years, and you were married the entire twenty years they served.
Additionally, when serving a military spouse, they have the right to request a stay if the divorce is contested. This will remain in place until their tour has ended so they can give their full attention to the divorce. Additionally, you’ll find that an active-duty spouse has additional protections from default judgments in the event the spouse is unable to file a response on time because of their service duties.
As you can see, divorce for military members and their spouses can be complicated. That’s why it’s in your best interest to connect with an experienced attorney from the Law Offices of Jay D. Raxenberg, P.C. We understand how difficult these matters can be, which is why we are here to help you through these complex times. Contact our team today to discuss your circumstances.
