Best Military Divorce Lawyers in New Jersey

About Military Divorce Law in New Jersey, United States

Military divorce in New Jersey is the legal process by which married couples, where at least one spouse is an active duty service member, National Guard member, reservist, or veteran, can formally dissolve their marriage. While similar to civilian divorce, military divorce involves unique challenges related to federal and state laws, residency requirements, deployment concerns, and the division of military benefits such as pensions and health insurance. Understanding the nuances of military divorce law in New Jersey is vital to protecting your rights and ensuring a fair resolution, especially when federal laws intersect with state law.

Why You May Need a Lawyer

Seeking legal guidance during a military divorce is critical due to the complexities involved. A knowledgeable attorney can help in several situations, including:

• Understanding how military service impacts divorce proceedings and timelines, especially when one spouse is deployed or stationed out of state.
• Ensuring accurate calculation and division of military retirement benefits, such as pensions and Thrift Savings Plan accounts.
• Navigating the specifics of child custody and visitation, taking into account the unique demands of military life and potential relocations.
• Clarifying the share of medical, commissary, and other military benefits each spouse is entitled to after divorce.
• Dealing with service of process issues and compliance with both federal and New Jersey laws designed to protect active duty members.
• Representing your interests in court, mediation, or negotiation, particularly when jurisdiction or residency is contested.

The specialized nature of military divorce law makes professional legal help extremely beneficial for both service members and their spouses.

Local Laws Overview

Military divorce in New Jersey is governed by both state and federal law. The New Jersey Superior Court handles divorce proceedings, but the rights and responsibilities of military families are influenced by special statutes, including:

• Residency Requirements: Either spouse must have lived in New Jersey for at least one year before filing. However, military members stationed in New Jersey can usually file in the state regardless of their official residence.
• Servicemembers Civil Relief Act (SCRA): This federal law protects active duty personnel from being divorced without proper notice or while deployed, allowing a stay or postponement of proceedings in appropriate cases.
• Division of Military Pensions: Federal law, specifically the Uniformed Services Former Spouses’ Protection Act (USFSPA), allows New Jersey courts to divide military retired pay as marital property if the court has jurisdiction over the service member.
• Child Support and Alimony: New Jersey guidelines apply, but special rules cap the amount that can be garnished from military pay for support purposes (generally 50 to 65 percent, depending on the circumstances).
• Health Care and Other Benefits: Continued eligibility for TRICARE and commissary access is determined by the duration of marriage and overlap with military service (commonly known as the 20/20/20 or 20/20/15 rules).

Understanding how these local and federal laws intersect is crucial for anyone navigating a military divorce in New Jersey.

Frequently Asked Questions

What makes military divorce different from civilian divorce in New Jersey?

Military divorce involves additional federal laws, benefits issues, and protections for service members, such as the Servicemembers Civil Relief Act. Issues like dividing military pensions and addressing deployments add layers of complexity not found in civilian divorces.

Can I file for divorce in New Jersey if my spouse is stationed elsewhere?

Yes, if you are a New Jersey resident, you can file for divorce in New Jersey, even if your spouse is stationed out of state or overseas. Special rules apply to establish jurisdiction for military families.

How are military pensions divided in a New Jersey divorce?

Military pensions are considered marital property and can be divided by the court in New Jersey. Federal law, through the USFSPA, governs how these pensions are split and paid out to former spouses.

What happens if my spouse is deployed or on active duty and cannot appear in court?

The Servicemembers Civil Relief Act may allow the court to postpone the proceedings until the service member is available, ensuring their rights are protected during deployment or active duty.

Will child custody or visitation be affected if one parent is in the military?

Yes, the mobility and unpredictability of military service can impact custody and visitation arrangements. New Jersey courts will take a service member's duties into account to create a plan that serves the best interests of the child while accommodating military obligations.

How is child support calculated for military members in New Jersey?

Child support is based on New Jersey state guidelines, but the court will consider all sources of military pay and benefits, including base pay, BAH, and BAS. Specific limits apply to how much of a service member’s pay can be garnished.

Are military spouses automatically entitled to TRICARE and base privileges after divorce?

Not necessarily. Continued TRICARE and commissary benefits post-divorce depend on the length of the marriage and overlap with military service. The most generous benefits (20/20/20 rule) require at least 20 years of marriage and service overlap.

Can spouses negotiate a divorce settlement, or must everything be decided by the court?

Spouses are encouraged to reach their own agreement on the division of assets, custody, and support. If they cannot agree, a New Jersey judge will decide these issues. An attorney can help with negotiation and mediation.

How long does a military divorce take in New Jersey?

The timeline depends on multiple factors, including court schedules, deployment status, and whether the divorce is contested. Deployments or SCRA protections can delay proceedings, sometimes extending the process for several months.

Do I need a lawyer familiar with military divorce, or will any divorce attorney do?

Because military divorce involves specific legal and procedural issues, it is advisable to hire an attorney experienced in both New Jersey family law and the unique aspects of military divorce.

Additional Resources

• New Jersey Division of Child Support Services
• New Jersey State Bar Association - Military Legal Assistance Program
• Legal Assistance Offices at Joint Base McGuire-Dix-Lakehurst and other nearby installations
• Armed Forces Legal Assistance Program
• U.S. Department of Defense Military OneSource
• Servicemembers Civil Relief Act (SCRA) Help Desk

Next Steps

If you are facing a military divorce in New Jersey, it is important to take the following steps:

• Gather all relevant documents, including marriage certificates, military pay statements, benefit information, and any existing prenuptial or separation agreements.
• Consult with a lawyer who has specific knowledge and experience in military divorce cases in New Jersey. Bring your questions and be honest about your situation.
• Speak with your installation's legal assistance office for preliminary guidance or resources, but remember that they cannot represent you in divorce court.
• Consider counseling or mediation to resolve disputes amicably, especially when children are involved.
• Stay organized and keep records of all communications and legal documents related to your divorce.

The unique rules and protections in military divorce cases mean your situation may differ from others. By seeking help early and working with experienced professionals, you can best protect your rights and interests as you move forward.