LKB
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Reged: 07/30/08
Posts: 1
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Does anyone know the rules for military members living overseas who got married in NY to file for a divorce? I am a legal resident of NY, but reside overseas.
Thank you.
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J_Douglas_Barics
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Reged: 01/04/06
Posts: 15
Loc: Nassau County, New York
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New York’s residency requirements are contained in DRL 230. However, despite the statute using the term residency, courts have held that domicile, not residency, will determine someone may bring an action in New York.
Residency is where someone lives at any given time. Domicile is the place that someone considers their permanent home, the place they intend to return to. It is possible to be domiciled in one location yet reside in another.
The most common situation where an individual’s domicile is not where they reside is the military.
You should speak to a lawyer for specific advice, as your situation may have facts which can differ from this general rule.
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J. Douglas Barics
www.jdbar.com
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