Are you filing for a military divorce in Red Bank, NJ? If so, the military justice system does not handle divorce cases for service members; rather, divorces are handled by the family courts. “Military divorce” refers to a civil divorce involving at least one military spouse.
Even though military divorces are handled in the same way as other divorce cases, military spouses face several issues unique to their service. Therefore, it is best to seek legal advice from an attorney with extensive experience handling military divorces in New Jersey.
Our family law attorneys at The Law Office of Jennifer J. McCaskill, LLC, have over 20 years of combined experience. We have helped thousands of families with divorces and family law matters. Your best interest is our top priority in all matters related to your case.
Contact us at (732) 747-1882 to schedule a free case review with one of our Red Bank military divorce lawyers. We will listen to you and work to obtain the result you deserve.
How Our Red Bank Family Law Attorneys Can Help You With a Military Divorce in New Jersey
At The Law Office of Jennifer J. McCaskill, LLC, our compassionate and knowledgeable team of lawyers will vigorously advocate for you and your children in Red Bank, New Jersey. We will work with you to achieve a fair divorce settlement and place you in the best position possible to transition to the next phase of your life.
Over the past two decades of practice, we have built relationships with leading professionals and expert witnesses. We utilize all our resources to build solid cases for our clients. Our attorneys do not shy away from a fight and treat every case as if we are preparing for a court battle.
When you hire our award-winning New Jersey divorce lawyers, you can trust us to:
- Listen intently to you as you explain your situation and needs
- Explain your legal options and address how divorce laws impact your case
- Protect the best interests of your children and your parental rights
- Work to obtain a property settlement that is fair and provides for your needs
- Defend you against allegations of abuse, domestic violence, parental alienation, and other wrongdoing
- Develop a fair divorce settlement through negotiation and mediation when necessary
- Aggressively advocate for you in court and take your case to trial if necessary
Our attorneys are known and trusted for their legal advice and dedication to clients. We have received numerous awards and top ratings from legal organizations, including Avvo and Super Lawyers. Our lawyers are skilled negotiators and seasoned trial attorneys who diligently pursue positive outcomes in your best interest.
Call The Law Office of Jennifer J. McCaskill, LLC, to schedule a free case evaluation with an experienced Red Bank divorce attorney.
Where Do I File for a Military Divorce in New Jersey?
Civilians filing for a divorce in New Jersey must establish that one or both spouses have been residents in the state for at least one year before filing the divorce petition. However, jurisdiction for a military divorce may be different. When at least one spouse is in the service, it could impact which court has jurisdiction over their divorce case.
Military spouses may be able to file for divorce in another state even though they live in New Jersey. They might be able to file in a state where:
- The service member is stationed
- Their spouse resides
- The service member claims as their legal residence
Our legal team will review the factors in your case to determine the jurisdiction that would be best for your case. You may be able to file in one or more states; we will analyze which state gives you the best chance at the outcome you deserve.
How Do I Notify My Military Spouse That I Filed for Divorce?
When you file a divorce petition, you must serve the divorce papers on your spouse. “Service of process” is the procedure of sending a copy of legal pleadings to another party in the case. Service may be accomplished in several ways, including personal service.
Being in the military can complicate serving divorce papers to a spouse. The military has special rules for serving legal papers on a service member who is on active duty. Our legal team understands the rules for serving service members and how to overcome service issues to move your case as quickly as possible through the court.
How Does The Servicemembers Civil Relief Act Impact Military Divorces in New Jersey?
The Servicemembers Civil Relief Act makes specific allowances for service members involved in civil actions, including divorces. The provisions in the SCRA take precedence over state divorce laws.
One of the privileges allowed under the SCRA is pausing a divorce case. If you choose to exercise this privilege, your military divorce could take longer than a civilian divorce.
Typically, you can request a default divorce judgment 35 days after your spouse fails to respond to the divorce papers. However, that is not the case in a military divorce.
A service member can request a 90-day pause in the divorce proceedings. If the service member is overseas or on active duty, the courts may grant additional stays if necessary. A spouse cannot abuse the provisions granted in the SCRA. Our legal team will carefully review every request for a delay in the proceedings to ensure your spouse is not acting in bad faith to delay the divorce.
How Do Courts Decide Child Custody Case When a Parent Is in the Military?
New Jersey child custody laws require judges to decide custody matters in the child’s best interest. The requirement to protect the child’s interests does not change just because a parent is in the military.
Military service members have the same rights and privileges as civilian parents. They can share custody with their ex or be granted sole custody if that is in the best interests of the child.
However, the law recognizes that special provisions may need to be included in custody agreements to accommodate a parent’s service in the military. The SCRA has provisions to protect a military parent’s rights, as do New Jersey child custody laws.
For example, a final custody order cannot be entered if a parent will be absent for 30 days or more on service-related matters or deployment. The court must wait at least 90 days after the parent returns before issuing the final custody order. This 90-day period gives the service member time to review the proposed custody agreement, file motions, and take other actions regarding custody.
When a service member is deployed or away from home because of their service, they must tell their child’s other parent, who then must facilitate communication between the service member and the child. Service members may use any form of communication that works for them, including telephone calls, electronic messages, and video calls.
Alimony and Child Support Obligations in a Military Divorce in New Jersey
New Jersey uses standard child support guidelines to calculate child support in divorces and custody cases. Being in the military does not change a parent’s obligation to provide for the financial support of their children. Service members are expected to pay their share of the child support obligation.
Military divorces may also involve alimony or spousal support. New Jersey has alimony laws governing aspects of spousal support.
Calculating child support and alimony in a military divorce can be challenging because the military has different rules that define income available for alimony and child support than New Jersey. Hence, you must carefully follow these rules when calculating domestic support in military divorces. Unfortunately, the differences could result in lower amounts of alimony and child support than in civilian divorces.
Dividing Property in a Military Divorce in New Jersey
New Jersey is an equitable division state, meaning that courts are not required to make 50/50 splits in contested cases. Judges have to decide what is fair based on the facts and circumstances of each case.
However, special rules apply to military retirement, pension, healthcare, and other benefits. The Uniformed Services Former Spouse Protection Act (USFSPA) gives states the right to divide disposable military retirement pay in a divorce. It does not require courts to divide retired pay or provide a formula for dividing pay. Whether to grant a spouse a portion of a service member’s retirement pay is left to the family court.
The USFSPA also grants some spouses access to health care, military exchanges, and commissaries. Victims of child or spousal abuse may receive benefits under the USFSPA.
You want to ensure you receive a fair share of retirement benefits in a military divorce. An experienced military divorce lawyer can determine what you are entitled to receive based on the facts of your case and applicable law.
Contact One of Our Red Bank Military Divorce Attorneys for a Free Consultation
Military divorces involve complex issues. Our legal team at The Law Office of Jennifer J. McCaskill, LLC, has decades of experience and resources to handle your military divorce. Call us today to schedule a free case review with one of our Red Bank military divorce attorneys.
