Do any states waive residency requirements for military divorce?

2017-04-12T19:38:45-04:00

I have a Soldier who got married in training and now wants a divorce. She hasn't been on station long enough to meet the legal residency requirements of the state. Will she have to wait until she's been here long enough to establish local court jurisdiction? Does anyone know of specific states that accept home-of-record or uncontested non-resident divorce petitions?

Response by Capt Private RallyPoint Member made Apr 12 at 2017 7:43 PM

2017-04-12T19:43:15-04:00

Just guessing, but, I think Nevada has little or no residency requirement.

Response by LTC John Shaw made Apr 12 at 2017 8:09 PM

2017-04-12T20:09:22-04:00

MSG Private RallyPoint Member Send this Soldier directly to JAG/Legal/Trial Defense and have them provide advice. Too many factors at issue here:
Is this is another service member or civilian? Location of soldier and spouse and how long have they been there?, state of residency of soldier and spouse, are there minor children?, did the soldier file for a different legal residency?, did the spouse file for different legal residency?, what state did the marriage occur? If they are Catholic they will need to pursue an annulment...
Young love....sigh

Response by Capt Gregory Prickett made Apr 12 at 2017 8:50 PM

2017-04-12T20:50:51-04:00

What states did they enter service from, and do they intend to return to that state at their ETS?

Response by SSG Private RallyPoint Member made Apr 14 at 2017 6:17 PM

2017-04-14T18:17:08-04:00

MSG Private RallyPoint Member, two links you may want to take a look at: if you haven't done so already:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=6.&title=&part=3.&chapter=3.&article=
(re: California 6 months state residency, 3 months county residency before filing petition for divorce)

http://www.courts.ca.gov/1241.htm
Now the 2nd link may be of use to parties involved, it's called a Summary Dissolution of Marriage and there are some requirements. If they both meet the criteria they may not have to step foot in a courtroom.

However due diligence needs to be exercised because parties involved need to think about: where they vote, pay state taxes, have a banking account, were issued driver’s licenses and car titles etc etc. California is also a no fault divorce-no separation waiting period state, other states have no fault divorce w/ separation requirement and some offer both a no-fault and a fault divorce option.

May want to have some legal counsel check to see if both spouses don't have to establish residency in the state in order to file for divorce there. If the other spouse does not object to the jurisdiction then the divorce can proceed in that state. But as I said, that's where some legal eagle comes in.

Best of luck to said parties.

Codes Display Text

(a)Except as provided in subdivision (b), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.