Military Divorce Lawyer in New Jersey

Every divorce has its own legal and emotional complications, but military divorce tends to be even more challenging. Concerns regarding where to file, how child custody will work, active duty, and your military pension benefits can be overwhelming. The good news is that you don’t have to, and shouldn’t, tackle this important legal matter alone. Our experienced New Jersey military divorce lawyer at Warren Law Firm is standing by to help.

State, Federal, and Individual Branch Regulations May Apply

Most couples who divorce in New Jersey must do so in accordance with all state rules and regulations. For a military divorce, however, both state and federal laws can play a role, and there may be individual branch regulations that apply. Navigating the intersection of these sometimes competing forces can be extremely difficult and should not be attempted without skilled legal guidance backing you up.

Where to File

As a servicemember from New Jersey, you have three basic options when it comes to filing for divorce, including:

  • You can file in the state in which you’re currently stationed.
  • You can file in the state in which your spouse currently lives.
  • You can file in the state that you currently claim as your residence.

If you are stationed overseas, you can generally expect the New Jersey court handling your claim to appreciate the challenges involved. And you may be allowed to appear via phone for specific proceedings.

Further, if your spouse successfully serves you with divorce papers but deployment interferes with your ability to fully participate in the process, the Servicemembers Civil Relief Act applies. This act allows the court to stay the proceedings, or to delay them, until you’re available to participate.

Child Custody in a Military Divorce

Child custody arrangements are always based on the best interests of the involved children, and when it comes to military divorce, stability is a key concern. Affording active service members flexibility, however, is also a relevant issue.

New Jersey recently became one of the many states that prevent courts from entering permanent child custody orders or modifying existing orders when a parent is deployed. Instead, the courts must wait at least 90 days after the parent’s deployment ends.

Child Support and Alimony

Each military branch has its own policies for handling child support and alimony payments when no court order or marital agreement is in place. And to obtain an order that can be enforced through earnings garnishment, the matter requires an application through the appropriate NJ court. These are divorce terms that can become very complicated very quickly, and you shouldn’t wait to reach out for focused legal representation.

Your Military Pension

In a New Jersey divorce, military pensions are generally treated as marital property, which means they must be divided fairly based on the circumstances, rather than necessarily equally. There are also, however, complicated military rules that apply.

Turn to Our Experienced New Jersey Military Divorce Attorney for the Help You Need

Kenneth Warren is our resourceful New Jersey military divorce lawyer at Warren Law Firm, and he will leave no stone unturned in his dedicated advocacy of your financial rights and your rights as a parent. Learn more by contacting us online or calling our firm at 609-345-7717 today.