Legal Question in Family Law in New York

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.