Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS

Question #28:
Can a military service member file for an annulment outside of his state of residency and state of marriage for his spouse and himself when they are both consenting to file? What is the process outside of military channels? And are there online services available for this situation?
Answer:
Divorce law is generally controlled by state statute and therefore each state has its own divorce laws; just as the marriage had to take place under the jurisdiction of a particular state, so also the divorce must take place under the jurisdiction of a particular state. Each state has its own residency requirements before it will entertain the divorce proceeding and you and your spouse must qualify under one of residency requirements. I suggest you contact an attorney-mediator specially trained in divorce mediation in the state in which you are a resident and consult with an regarding the jurisdiction question and the proper place to file.

These matters require legal expertise and should be done in consultation with an experience attorney in the state which has jurisdiction over your marital situation. It is not something a layman on the Internet should be relied upon to resolve.

Leonard M. Weiner, Esq./Divorce Solutions

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