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Jurisdiction and Residency Requirements 

When one or both spouses are members of the military, it can impact the jurisdictional requirements for filing a verified complaint for divorce in New York.

Residency Exceptions

 Under New York law, there is typically a residency requirement for filing for divorce, where at least one spouse must have been a resident of the state for a continuous period (usually one year or more). However, for military personnel, there are exceptions to this rule:

Military Spouse Residency:

 If one spouse is a non-resident of New York but is stationed in the state due to military orders, they may be considered a resident for the purpose of filing for divorce. b) Military Member Residency: If the military member Verified Complaint New York Divorce spouse is a legal resident of New York but is stationed elsewhere, they may still meet the residency requirement for filing a divorce complaint in the state.

Service of Process

 The military status of a spouse can also affect the process of serving the verified complaint for divorce.

Serving a Military Spouse

 If the spouse being served with the divorce complaint is an active-duty military member, there are specific procedures that must be followed under the Servicemembers Civil Relief Act (SCRA):

Additional Affidavit: 

The serving party must file an affidavit stating the military status of the spouse being served. 

Appointment of Attorney:

 The court may appoint an attorney to represent the interests of the absent military spouse if deemed necessary. 

 Delay of Proceedings: 

The court may grant a stay or delay in the proceedings to protect the rights of the absent military spouse.

Serving Outside the U.S.

 If the military spouse being served is stationed or deployed outside the United States, additional steps may be required to properly serve the verified complaint, such as serving through military channels or seeking assistance from the judge advocate general's office.

Military Retirement Benefits

 If one or both spouses are entitled to military retirement benefits, specific information must be included in the verified complaint for divorce to address the division of these benefits.

Disclosure of Benefits 

The verified complaint should disclose the existence of any military retirement benefits, including the service member's rank, years of service, and the branch of the military.

Division of Benefits 

The complaint should also indicate whether the non-military spouse is seeking a portion of the military retirement benefits as part of the divorce settlement. This may require additional calculations and valuations to determine the appropriate division.

Child Custody and Support

 For military families with children, the verified complaint for divorce should address child custody and support considerations.

Parenting Plan 

If one or both spouses are active-duty military members, the parenting plan or custody arrangement outlined in the verified complaint should take into account potential deployments, relocations, or other military obligations that may impact parenting time.

Child Support Calculations

 The verified complaint should also address child support obligations, which may be influenced by factors such as the military member's base pay, housing allowances, and other military compensation.

Legal Representation 

Given the complexities involved in military divorces, it is advisable for both spouses to seek legal representation from attorneys experienced in handling these types of cases. An attorney can ensure that the verified complaint is properly drafted and filed, taking into account the unique circumstances and requirements related to the military status of one or both spouses.

By addressing these specific factors in the verified complaint for divorce, the court can properly adjudicate the case and ensure that the rights and interests of both spouses, including any military benefits or obligations, are adequately addressed.