If I am in the military do I get a divorce in the state I am a resident or where I am living?
Full Question:
I am an active duty member of the military, stationed in New York. My wife and I are both residents of Alaska. We want to get a dissolution, and New York State does not offer them. Can we get a dissolution in Alaska even if I am stationed in New York?
01/31/2007 |
Category: Divorce |
State: Alaska |
#900
Answer:
Residency requirements
Alaska requires that the spouse filing for divorce be a resident of the state.
There is no residency time limit for filing of divorce actions.
Alaska Statutes
Sec. 25.24.080. Residence requirements for action to declare marriage void.
When a marriage has been solemnized and the plaintiff is a resident of the
state, an action to declare the marriage void may be brought at any time.
AS 15.05.020. Rules For Determining Residence of Voter.
For the purpose of determining residence for voting, the place of residence is
governed by the following rules:
(1) A person may not be considered to have gained a residence solely by
reason of presence nor may a person lose it solely by reason of absence
while in the civil or military service of this state or of the United States or of
absence because of marriage to a person engaged in the civil or military
service of this state or the United States, while a student at an institution of
learning, while in an institution or asylum at public expense, while confined in
public prison, while engaged in the navigation of waters of this state or the
United States or of the high seas, while residing upon an Indian or military
reservation, or while residing in the Alaska Pioneers' Home or the Alaska
Veterans' Home.
(2) The residence of a person is that place in which the person's habitation is
fixed, and to which, whenever absent, the person has the intention to
return. If a person resides in one place, but does business in another, the
former is the person's place of residence. Temporary construction camps do
not constitute a dwelling place.
(3) A change of residence is made only by the act of removal joined with
the intent to remain in another place. There can only be one residence.
(4) A person does not lose residence if the person leaves home and goes to
another country, state, or place in this state for temporary purposes only
and with the intent of returning.
(5) A person does not gain residence in any place to which the person
comes without the present intention to establish a permanent dwelling at
that place.
(6) A person loses residence in this state if the person votes in another
state's election, either in person or by absentee ballot, and will not be eligible
to vote in this state until again qualifying under AS 15.05.010 .
(7) The term of residence is computed by including the day on which the
person's residence begins and excluding the day of election.
(8) The address of a voter as it appears on an official voter registration card
is presumptive evidence of the person's voting residence. This presumption
is negated only if the voter notifies the director in writing of a change of
voting residence.