How Does a Military Divorce Differ From a Civilian Divorce in NJ?

If you or your spouse is a member of the armed forces, you understand that your life looks different than most people. However, one aspect that you may not have anticipated to differ drastically is divorce. If you are going through a military divorce, you’ll find that it can differ considerably when compared to a traditional civilian divorce. The following blog explores what you should know about these matters, including the importance of working with a Morris County divorce lawyer to discuss your legal options.

How Do the Residency Requirements for a Military Divorce Differ from a Traditional Divorce?

In general, if you wish to file for divorce from your spouse in New Jersey and use the state’s laws, you must ensure you meet the residency requirements. This typically means you or your spouse has lived in the state for one year prior to filing, with the exception of divorces filed on the grounds of adultery.

As such, if you are a resident of New Jersey but you are currently stationed in another state, or you are a resident of another state who is stationed in New Jersey, you may be unsure where to file. Generally, states waive the residency requirement for those looking to file, as many members of the military are often restationed. As such, you are eligible to choose which state you wish to file in. This can have benefits, as you may wish to file under New Jersey’s equitable distribution statute for dividing marital property, as opposed to the community property statute of your home state, like California, for example.

What Happens to a Pension?

One of the most complex and highly contested aspects of any divorce is the division of assets, particularly retirement benefits and pensions. Unfortunately, you may find that a military divorce is no different. However, under the Uniformed Services Former Spouses’ Protection Act, military pensions are deemed marital property by the courts and therefore subject to division.

In general, this asset will be divided in accordance with New Jersey’s equitable distribution statute. Like any property, you will be paid your court-ordered portion of your spouse’s pension directly from your spouse. However, if you qualify for the 10/10 rule, you can receive payments directly from the Department of Defense. In order to be eligible, you and your spouse must have been married for at least ten years, and your spouse must have served 10 years of qualifying service during your marriage.

What Happens if a Spouse Is Active Duty or Deployed?

Another considerable difference that those going through a military divorce have when compared to traditional divorces is that they can extend the timeframe in which a spouse has to respond to a divorce petition. If someone files a petition when their spouse is on active duty or deployed, their responsibilities may prevent them from filing a response or participating in the divorce. As such, under the Servicemembers Civil Relief Act (SCRA), an active duty spouse can request a stay on the proceedings until their deployment or service has ended. This prevents the court from issuing a default judgment if the spouse has not responded to the divorce petition after the allotted 35 days after service.

Going through a divorce can be incredibly difficult. However, when you or your spouse is also a member of the armed forces, these matters can be even more complex. That is why working with an experienced attorney with Haber Silver Russoniello & Dunn is critical. If you’re undergoing this process, working with an experienced attorney on our team can help you navigate these complex matters. Contact us today to learn more.