Making the decision to get a divorce is never an easy task, regardless of the circumstances surrounding the situation. However, when your spouse is in the military and stationed in a different state, such as New York, the process can become even more complex and challenging. Nevertheless, with access to the correct information and resources, you can certainly navigate through the divorce procedure successfully.
Jurisdiction in Military Divorce
One of the initial steps in the divorce process is to establish jurisdiction. This particular aspect determines which court holds the authority to grant the divorce. With regards to military divorce cases, jurisdiction is usually determined by the laws of the state where the military member is a legal resident or the state laws that are applicable to military personnel.
Filing for Divorce in New York
If your spouse is currently stationed in the state of New York, there is a possibility that you may qualify to file for divorce within the state. It is worth mentioning that New York has specific residency requirements in place. These requirements generally necessitate that one spouse has resided within the state for at least a two-year period prior to filing. However, it is important to note that military personnel may be eligible to waive this requirement if they are currently stationed in New York.
Protections for Military Personnel
A significant consideration to bear in mind during a military divorce is the Servicemembers Civil Relief Act (SCRA). This legislation provides military personnel with specific protections. For instance, it grants them the ability to postpone court proceedings if they are currently deployed or on active duty. Additionally, the SCRA offers safeguards against default judgements, which may arise when one spouse fails to respond to a court action.
Child Custody and Support
In a military divorce scenario, child custody and support matters can become considerably more intricate, especially if one parent is frequently deployed. Courts in New York prioritize the best interests of the child when making custody determinations. Consequently, when calculating child support, the income of both parents is taken into account, which includes any military allowances that may be received.
Spousal Support
Spousal support, more commonly referred to as alimony, is a possibility as well in military divorces. The specific amount and duration of support ultimately depend on several factors, such as the length of the marriage, the standard of living maintained during the marriage, and the earning potential of each spouse.
Conclusion
Although seeking a divorce when your spouse is in the military and stationed in New York may introduce unique challenges, it is certainly possible to achieve it with the right guidance and support. Collaborating with an experienced attorney who possesses a deep understanding of military divorce can prove valuable. They can assist you in navigating through the complex legal procedures, ensuring your interests are protected in the process.