Legal Question in Family Law in New York

military divorce

Sister married man in the military. they were married in california, but stationed in New York. They have a baby about 4 months old born in new york, all living in military housing. she has lived in new york for about a year. He is cheating, drinking, even around the baby. She has no family in New York , we all live in California. she wants to leave New York with the baby and come back home and file for divorce but she is scared he will try to take the baby. what would be the best thing for her to do. File in New York or File in california? Please help.


Asked on 5/25/03, 11:52 pm

3 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: military divorce

Practicaly speaking, if she files in NY, she is "stuck" here w/o family support until the court rules. If husband fights it, it will take time. Will she stay living in military housing, etc? Assuming CA has jurisdiction since they were wed there, she

should take the baby and file there. (I don't see how husband could "take" the baby while still in military. Who would care for baby, etc.?) If he is or becomes violent/beligerent or threatens to take the child, she should report him to the proper military authorities/police and get an Order of Protection until she leaves for CA.

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Answered on 5/27/03, 10:12 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: military divorce

My advice: go home to your family. You/she needs their support.

The fact that the marriage took place in CA is a helpful fact to support this action, but also, because they utilize military housing they may not be "present" in NY. This is a complicated set of facts. I recommend going home to your family immediately. You/she needs their love and support. You are welcome to a consultation at no fee at my offices at 42 west 44 st, ny,ny. please call for an appointment first - 646-591-5786.

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Answered on 5/27/03, 11:07 am
Seth Kaufman Seth M. Kaufman

Re: military divorce

I would need more details to assess your sister's case, and then only in the context of New York law. She may call me at 212-367-9167 to schedule a free consultation. Your sister should also immediately contact a lawyer in CA to determine her rights in that juridicstion. Once she knows her options, she can decide on the best course of action.

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Answered on 5/26/03, 11:57 am


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