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Divorcing when one or both spouses are in the military adds layers of legal complexity that most civilian divorces don’t involve. Between federal protections, military-specific benefits, and the frequent relocations tied to service, navigating this process alone can put your rights and future at risk—especially without an experienced attorney for military divorce guiding you through the process.
Benefits of Seeking an Attorney for Military Divorce
Military divorces are governed by a blend of state family law, federal statutes, and Department of Defense regulations. Key factors include:
- Servicemembers Civil Relief Act (SCRA): protects active-duty service members from default judgments if they’re unable to respond to divorce proceedings due to deployment or duties.
- Uniformed Services Former Spouses’ Protection Act (USFSPA): governs how military retirement is divided and which benefits a former spouse may be eligible to receive.
In New Jersey, these federal rules intersect with state laws regarding equitable distribution, child custody, and support calculations. Without experienced legal counsel, it’s easy to overlook crucial protections or benefits.
Importance of Military Divorce Legal Guidance
Filing for divorce in New Jersey requires at least one spouse to be a legal resident of the state for 12 months. But with military families frequently relocating, determining the correct jurisdiction can get tricky.
Your attorney will evaluate where each spouse legally resides, where the service member is stationed, and which state issued your driver’s licenses or where you pay taxes. New Jersey courts can hear your divorce if these criteria are met, but a qualified attorney for military divorce ensures the filing is done properly.
For example, pensions earned during the marriage are typically subject to equitable distribution in NJ. However, dividing a military pension comes with special considerations, such as:
- The 20/20/20 Rule: determines whether the non-military spouse is eligible for full military benefits after divorce (20 years married, 20 years of military service, and 20 years of overlap).
- The 10/10 Rule: allows DFAS to pay the former spouse their share of military retirement directly if the couple was married for at least 10 years, overlapping 10 years of service.
Military divorce legal guidance will draft clear pension division orders that meet federal and New Jersey standards. Your attorney will also ensure military benefits are not overlooked or miscalculated in settlement agreements and advise on whether benefits such as BAH or special pay are included in support calculations.
Post-Divorce Modifications and Military Life Changes
As service members move, deploy, retire, or remarry, their financial and parenting circumstances change. An attorney for military divorce helps with
- Enforcing out-of-state orders when a military parent relocates.
- Updating benefit division agreements when new information comes to light.
- Modifying custody or support when PCS orders affect parenting time.
Military service can complicate parenting plans, especially when deployments, PCS orders, or training requirements affect one parent’s availability. However, custody is determined by the best interest of the child.
Judges consider the service member’s schedule, but military status alone should not be held against a parent. So, the courts may allow for virtual visitation during deployments or adjusted schedules post-deployment. A skilled attorney ensures the income analysis reflects actual earnings and that orders remain enforceable.
If you’re a service member or the spouse of one and considering divorce in New Jersey, don’t go it alone. Hand & Toker provides dedicated military divorce legal guidance with your rights, family, and future in mind. Contact us today for a free consultation.