If you or your spouse are in the military and you are getting divorced, your divorce process may be different from a civilian divorce. Read on to learn more.
Residency requirements for military divorce?
Like civilian divorces, military divorces must also fulfill a residency requirement. In New Jersey, if you are going through a military divorce, you must meet one of the following requirements:
- The couple has a legal residence
- The military member is stationed
- The military member claims legal residence
How are military members served?
The process of divorce begins when a spouse is served divorce papers. Typically, military bases keep a designated official who acts as law enforcement in order to take care of legal matters on the base, including serving divorce papers. When this happens, the service member can accept or deny the serve. If they do not wish to accept, they can request a “stay” that holds off the divorce until they can return home.
What to know about default judgments in military divorces?
If a spouse does not answer a Complaint for Divorce in a civilian case, the proceedings can go on without them. This is known as a default judgment, which settles in favor of the spouse who originally filed the Complaint. However, it can be difficult for military members to address the complaint in a timely manner. This is why a default judgment cannot happen in military divorces unless the individual or their legal representative is present.
Will my military pension be impacted by divorce?
In New Jersey, a military pension is treated as marital property. As a result, it is subject to equitable distribution between the spouses. Equitable distribution means the couple’s assets will be allocated in a way that is fair to each party, rather than a 50/50 split. To determine how assets should be divided, the length of the couple’s marriage is taken into consideration. The “10/10” rule may also come into play. This rule states that if the marriage lasted for at least 10 years and the service member was active for at least 10 years, the spouse is eligible for a portion of the pay.
If you are going through a military divorce in New Jersey, our firm is here to help. We will advocate for you and walk you through the process each step of the way. Contact us today to discuss your case.
Contact our experienced New Jersey firm
If you require strong legal representation for matters related to divorce or family law, contact Haber Silver Simpson & Russoniello today to schedule a consultation.