New Jersey Military Divorce Lawyer

The breakdown of a marriage is challenging regardless of the circumstances. This is especially true for military service members and their families. Marriage and divorce are still governed by dated statutes that vary from one state to another. Many individuals on active duty outside their home state may not be permitted to divorce under the laws where they are stationed.

Thankfully, a dedicated divorce attorney with Moskowitz Law Group can help. There may be other options for dissolving a marriage and a New Jersey military divorce lawyer can help with the process.

Family Law Legal Assistance for Service Members

When one or both spouses are members of the military, the divorce process can become especially complicated. The couple files for divorce using the same process as the civilian population; however, there may be additional factors that the military couple will have to consider.

Some factors that need to be considered in military divorces include:

• Jurisdiction
• Income calculations
• Pensions

If you are contemplating a divorce, speak to a military divorce lawyer in New Jersey. They can educate you on the different issues and counsel you on the best course of action to take.

Our New Jersey divorce lawyers provide a evaluation for those who
are interested in retaining our services. Call (201) 419-6223!

How to File for a Military Divorce

To petition the Court for a divorce, the couple must file in their state of residency. This may pose a problem for service members stationed abroad. Military couples may file in the state where the non-military spouse resides or the state in which the military spouse claims legal residency.

To determine child custody, child support, and spousal support to be paid by the service member, the Court will need to have more than the usual documents required from civilians. A tax return or paystub will not accurately reflect a military member’s earnings, as he or she might be receiving many other allowances.

A service member should provide their Leave and Earnings Statement, which will show:

• Basic pay
• Housing allowance
• Cost of living allowance
• Allowances for extra duties

An attorney in New Jersey can help a member of the military compile all the required information for their divorce documents.

Where to File for Divorce

One of the difficult aspects of divorce among service members is that they are frequently stationed outside of their home state. This can be an issue because the law often requires these proceedings to take place in a jurisdiction where at least one of the spouses lives as a bona fide resident.

However, New Jersey provides additional options for those stationed here far from home. A servicemember can file for divorce in New Jersey if they or their spouse is a resident here, but they can also move forward with the process if New Jersey is where they are stationed but do not permanently reside. This provides flexibility for those who cannot easily travel home to go through this complex process.

Custody Issues

New Jersey law treats custody matters differently for active-duty service members who are deployed. In most cases, the judge will determine permanent custody of any minor children as part of the judgment of divorce. That is not the case when one or both spouses are deployed.

In this situation, the judge can issue temporary visitation or custody rights. However, they may not reach a final decision until 90 days after a parent’s deployment has ended.

There are also limitations on when and how these orders can be modified. A judge may not change visitation solely based on a service member’s deployment. While parenting time can be altered if a deployment makes the current arrangement impossible, it cannot result in the permanent modification of the arrangement.

How Pensions Are Affected

A significant issue in these cases is how divorce may impact a military pension. These pensions are treated as marital assets and are commonly the most valuable property the couple shares.

There is a common misconception that a spouse is not entitled to any portion of a pension if a marriage is short-lived. This simply is not the case. Regardless of the marriage’s length, the amount contributed to the pension during the marriage may be divided between the parties.

How these payments are made depends on the length of the marriage. When two people are married for at least a decade, corresponding to ten years of service time, the party receiving the payments can elect to be paid directly by the Defense Finance and Accounting Service (DFAS). This is a notable benefit that allows a person to receive their share each month without having to involve their ex-spouse in any way.

Direct payments are unavailable when two people have been married for less than ten years during service. That does not mean they are unable to recover their share of the pension, but they will not be able to collect them directly from DFAS. The legal team at Moskowitz Law Group can navigate the military divorce process for their client and answer questions related to military pensions.

Contact a Military Divorce Attorney in New Jersey For Legal Assistance

Make sure that you are getting all you deserve in your divorce by seeking our firm’s immediate assistance. Our New Jersey military divorce lawyers can make sure that you have tough legal representation throughout the entirety of your divorce case.

Trust our compassionate family law attorneys with over 50 years of collective experience to handle your divorce. We can guide you through the complicated process to ensure that your best interests are met. Results may vary depending on your particular fact and circumstances.