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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19472
Experience:  B.A.; M.B.A.; J.D.
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I am in the military and married to a German citizen. We both

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I am in the military and married to a German citizen. We both would like to get a divorce. I understand the divorce is honored both for me in the US and for her in Germany if it is uncontended. We have both signed a draft divorce decree in front of a notary. Can I file for divorce in "any" state in the US? Which state would be the best state to file for a quick and non-contended divorce?
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I am in the military and married to a German citizen. We both would like to get a divorce. I understand the divorce is honored both for me in the US and for her in Germany if it is uncontended. We have both signed a draft divorce decree in front of a notary. Can I file for divorce in "any" state in the US? Which state would be the best state to file for a quick and non-contended divorce?



Response: It is not a matter of which" state is best state to file for a quick divorce and non-contended divorce.“ In order for you to file for a divorce in any state, you must meet the residency requirement of that state. You must be a resident of that state in order to file for divorce there. Even if you are in the military, you must still meet the residency requirement before you can file for divorce. If you are currently stationed in Nebraska and consider Nebraska your residence, you can file divorce in Nebraska if you have been stationed there for at least for one year. See Nebraska Statutes Chapter 42 Sections 42-349 and 42-341:



http://nebraskalegislature.gov/laws/statutes.php?statute=42-349



http://nebraskalegislature.gov/laws/statutes.php?statute=42-341

Customer: replied 4 years ago.


Sir, I was stationed in Nebraska 2007-2011. In 2012 I was in Korea and am now currently stationed in Japan. Since 2011 my wife has gone back to her home in Germany. I military "home of record" (where I joined the United States Air Force) 22 years ago is Brooklyn New York. Can I still file in Nebraska or should I proceed with a filing in New York? We cannot wait until I return back the US as there is no telling when that will be.

Sir, I was stationed in Nebraska 2007-2011. In 2012 I was in Korea and am now currently stationed in Japan. Since 2011 my wife has gone back to her home in Germany. I military "home of record" (where I joined the United States Air Force) 22 years ago is Brooklyn New York. Can I still file in Nebraska or should I proceed with a filing in New York? We cannot wait until I return back the US as there is no telling when that will be.




Response:
You need to file the divorce in New York, your military "home of record." Click on the links below for New York divorce instructions and forms:


http://www.nycourts.gov/divorce/forms.shtml

http://www.nycourts.gov/divorce/pdfs/Divorce-Packet-Instructions.pdf

http://www.nycourts.gov/divorce/divorce_withchildrenunder21.shtml

Customer: replied 4 years ago.


Thank you for clarifying that. Last question: my wife and I drafted up a Divorce Decree ourselves (we copied one we researched on google that various people who finalized their divorce had posted). Using that as an example, we developed our own and then together we went into the Kadena Air Base Legal office where we both signed in front of a notary. We did this because we wanted to prove that it was not a contested and we agreed to the terms. Example, she keeps everything in the house and gets primary physical custody. Agreed to no spouse support and agreed to dollar amount for child support. We also agreed to keep our own pension plans. Anyway, is this document "legal" in any way. In German law it is. Can I file and send this document to the office that will draft our "real" divorce decree?


Thank you for clarifying that. Last question: my wife and I drafted up a Divorce Decree ourselves (we copied one we researched on google that various people who finalized their divorce had posted). Using that as an example, we developed our own and then together we went into the Kadena Air Base Legal office where we both signed in front of a notary. We did this because we wanted to prove that it was not a contested and we agreed to the terms. Example, she keeps everything in the house and gets primary physical custody. Agreed to no spouse support and agreed to dollar amount for child support. We also agreed to keep our own pension plans. Anyway, is this document "legal" in any way. In German law it is. Can I file and send this document to the office that will draft our "real" divorce decree?



Response: I have no way of knowing whether the document that you have described meets the requirements in the State of New York. To be on a safe side, you should review the links that I sent you on divorce forms and instructions to see if the document you have can be attached to the forms. Unfortunately, I cannot ask you to attach the document for me to review because that would amount to giving you legal advice, which I am prohibited from doing on this site. Here are the links once more for your convenience:

http://www.nycourts.gov/divorce/forms.shtml

http://www.nycourts.gov/divorce/pdfs/Divorce-Packet-Instructions.pdf

http://www.nycourts.gov/divorce/divorce_withchildrenunder21.shtml

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