Can military personnel file for divorce in New York if stationed there temporarily?

Divorce laws vary from state to state, and for military personnel, additional legal considerations come into play. If you are a service member temporarily stationed in New York, you may be wondering whether you can file for divorce in the state. Understanding residency requirements, the impact of military status on divorce proceedings, and legal protections available to service members can help clarify your options.

Residency Requirements for Divorce in New York

New York law requires at least one spouse to meet certain residency criteria before filing for divorce. Typically, one of the following conditions must be met:

• Either spouse has lived in New York continuously for at least two years before filing.

• Either spouse has lived in New York for at least one year before filing and the marriage took place in the state, or the couple lived in New York as spouses, or the grounds for divorce occurred in New York.

• Both spouses are residents of New York at the time of filing, and the cause for divorce occurred in the state.

For military personnel stationed temporarily in New York, residency may not be automatically established unless they have New York Divorce Residency Requirements maintained a permanent home in the state.

Can Active-Duty Military Personnel File in New York?

Military members who are only stationed in New York temporarily may not qualify as legal residents unless they have taken steps to establish domicile, such as:

• Registering to vote in New York

• Paying New York state taxes

• Obtaining a New York driver’s license

• Declaring New York as their legal residence in military records

If a service member or their spouse does not meet the residency requirements, they may need to file in another state where they have legal residency.

The Servicemembers Civil Relief Act (SCRA) and Divorce Proceedings

The Servicemembers Civil Relief Act (SCRA) provides legal protections to active-duty military members involved in civil proceedings, including divorce. These protections include:

• The ability to request a stay (postponement) of divorce proceedings while deployed.

• Protection from default judgments if they cannot appear in court.

• The right to have legal representation before a final divorce ruling.

Where Should Military Personnel File for Divorce?

If residency in New York cannot be established, a military spouse may have other options:

• Filing in the state where the service member is a legal resident.

• Filing in the state where the civilian spouse resides.

• Filing in the state where the couple last lived together as a married couple.

While military personnel temporarily stationed in New York may not automatically qualify to file for divorce in the state, legal options exist depending on residency status and applicable laws. Consulting a military divorce attorney can help determine the best course of action based on individual circumstances.