Military divorces can be complex and present challenges that are different from those faced by civilians. One critical aspect that requires consideration is the residency requirement. Military couples often find themselves questioning whether they meet the necessary criteria to file for divorce in the state of New York.
Understanding the Intricacies of Residency Requirements
Residency requirements for divorce vary from state to state, and New York is no exception. Typically, in order to file for divorce, one must be a resident of the state for a specific duration of time. In the case of New York, the residency requirement is one year. However, for military couples, the concept of residency can be more convoluted.
The Nuances of Military Residency in Divorce Cases
When one or both spouses are actively serving in the military, they may not have a permanent home due to frequent relocations and deployments. Consequently, military couples might struggle to fulfill the residency requirements in their current state of station.
Fortunately, the Servicemembers Civil Relief Act (SCRA) grants certain protections to military personnel. One of these provisions allows them to file for divorce in the state where they are stationed or which they consider their legal residence, without having to meet the state’s general residency requirements.
New York’s Residency Requirements for Military Divorce
In the state of New York, military members and their spouses can fulfill the residency requirements for divorce in two ways:
1. Traditional Residency
The first method entails complying with the standard residency requirements. If either the military member or their spouse has resided in New York for a minimum of one year, they fulfill the residency requirement and become eligible to file for divorce within the state.
2. Military Residency
The second route is through military residency. If the military member can demonstrate that they consider New York their permanent home state, they can file for divorce in the state, even if they haven’t met the one-year residency requirement. This concept is commonly referred to as "domicile" or "legal residence."
To establish domicile, military individuals must provide evidence that they genuinely intend to make New York their permanent home state. This could involve actions such as registering to vote in New York, obtaining a driver’s license issued by the state, or paying property taxes within its boundaries.
Conclusion
Couples in the military encounter distinctive obstacles when it comes to filing for divorce, particularly regarding residency requirements. However, thanks to the provisions offered by the Servicemembers Civil Relief Act, military members and their spouses have viable options to pursue divorce proceedings, even if they don’t meet the traditional residency criteria. In New York, military members can fulfill these requirements through either traditional residency or military residency by establishing domicile within the state.