Legal Question in Family Law in New York

Re: military divorce

The grounds for divorce are the same in New York for one in the military, and one who is not in the military - cruel and inhuman treatment, adultery, abandonment for a year and a day, living apart pursuant to a separation agreement are the most common. Cruel and inhuman treatment

is a catch-all which can include almost anything - assault, saying that they don't love you, etc.

If the other person lives out of state that is not really a problem. Each county in the US has a sheriff's department or an equivalent which will serve the papers for you. It probably only costs about $50.00 or less and the same procedure is followed as if he is living in this state. However, you must state in your complaint for divorce that you have been and are a resident of New York State for at least 6 months prior to the commencement of the action.

Now with respect to him being in the military - you can even send the papers to the commanding officer and he can serve him for you.

There is a problem with being in the military. I usually serve the papers and wait and see how it is responded to. Obviously if he is out of the country, it may be difficult to get personal service on him, and he may contest jurisdiction because he is in the service and out of the country.

In 35 years of practicing, I never once had that defense being used. Most of the time the serviceman just wants to get a divorce.

If you can give me more information, I can be more specific.

Jeff Lazroe

Re: military divorce

Under the Federal Soldiers' and Sailors' Civil Relief Act of 1940, you will not be able to get a default divorce if your husband is on active duty. Of course, your husband may consent to the divorce, in which case, the grounds would be like any other divorce action.

Mike.

Re: military divorce

If you have been a resident for the requisite amount of time (that is, two years) filing is possible, assuming there are grounds for the divorce.