Q: I live in the state of New York and filed for divorce. My spouse is in the Navy and stationed in Virginia. I had my spouse served with papers by a deputy sheriff and also filed the Affidavit of Service that he was served. It’s been 40 days and they have not replied as of yet and he has blocked all contact with me. I wanted to know what is the next step to motion for a default divorce since I can’t seem to find what forms I need to fill out.
A: Assuming he’s active duty, generally the divorce would need to be filed in VA. Pursuant to the federal Soldiers & Sailors Act, generally legal proceedings against active duty military must be brought where their home base is. That said, forms are obtainable on the court’s website: nycourts.gov. Call a White Plains Uncontested Divorce Attorney for more info.