Legal Question in Family Law in New York

Re: Military Divorce

Your brother should check with his local Legal Assisatnce Office on his base. Simply proving service is insufficient since your sister-in-law is entitled to protections under the Servicemmebers' Civili Relief Act, which protections include a stay of proceedings where military necessity precludes her participation. He may call or e-mail our office if he needs further guidance.

Re: Military Divorce

This is an interesting question. Of course, the 'defendant's affidavit' will solve all of your problems; but that is adocument filled out by the wife voluntarily.

There are ways in which the protections afforded active military personnel can be sidestepped. First, is the action brought in the state where she is stationed? Of so, you may proceed, albeit with some additional work.

If she is in a different state, then withdraw the current action and bring it in a state where she is located.

The legal advisor on your base can help you. Good luck.