If you or your spouse have joined the United States Armed Forces, your life looks different from that of civilians. As such, if you decide to file for divorce, it’s necessary to understand that being in the military can also impact the divorce process. The following blog explores what you should know about these complicated matters, including how the residency requirement works. Additionally, you’ll learn the importance of working with Nassau County divorce lawyers to explore your legal options and help you navigate these difficult times.
What Are the Residency Requirements for a Military Divorce?
One of the most pressing matters for members of the military going through a divorce in New York is the residency requirements. Typically, in order to obtain a divorce in any state, you must have lived in the state for a specific amount of time. However, as military members are often re-stationed in different locations, meeting these conditions can be difficult as you may not be in one location long enough to meet the minimum requirements.
As such, you’ll find that states can waive the residency requirements for service members because they understand the nature of their job and the frequent moves. Typically, as long as you are stationed in a state, you can file for divorce there. However, you’ll find that you may also be eligible to file in the state where you are a resident. This means you may be able to pick what state you file for divorce in, which can have important benefits. For example, you may want to file for divorce in New York, where you are stationed, as opposed to your home state of California, due to the property distribution laws.
Are There Any Other Differences?
In addition to the change in residency requirements, there are other differences between a traditional civilian divorce and a military divorce. One of the other most significant differences is how long your spouse has to respond to divorce papers. As such, you’ll find that there is no default judgment in a divorce. In a typical divorce, if your spouse doesn’t respond within a certain timeframe, the judge will order the divorce to continue and grant you the relief sought in the initial petition. However, because active duty members are often unable to respond to these petitions on time or appear for a hearing, the court must wait until the service member or their legal representation can be present.
You should also note that if your divorce is contested, your spouse can request a stay, which will then postpone the divorce until their return.
Going through a military divorce in New York can be an incredibly complicated process. That is why it’s in your best interest to connect with an experienced attorney with the Sklavos Law Firm. We understand how difficult these matters can be to navigate on your own, which is why we will do everything in our power to assist you during this process. Connect with our team today to learn how we can help you fight for the best possible outcome.