Serving in the military is drastically different from other professions, and as such, often results in different procedures for many matters, including divorce. As such, if you or your spouse is a member of the United States Armed Forces and you wish to file for divorce, understanding how military service will impact the outcome of this process is critical. Additionally, the following blog explores what will happen to certain benefits and the laws in place to help protect those who have made the decision to serve their country. You’ll also discover the importance of working with Morristown divorce lawyers to explore your legal options during these complex and difficult times.
Do Residency Requirements Apply for Military Divorces?
In many instances, to file for divorce, you’ll need to be a resident of the state for a certain amount of time for the laws of New Jersey to apply to your divorce. Typically, the state requires that one spouse must be a permanent resident for at least 1 year before they are eligible to file. However, due to the nature of military work, many families often move, as they may be re-stationed. As such, the state does allow for exceptions for military personnel who are currently stationed in New Jersey if they do not meet the residency requirements.
Additionally, many servicemembers are unsure of which state they should file for divorce in, as they may technically live in one state while stationed, but own a home in another state. Generally, you can file in either state – many find that pursuing a divorce in New Jersey is ideal, due to the state’s equitable distribution method for dividing property as opposed to other states that impose an automatic equal split of assets.
What Happens to Benefits and Pensions?
One of the most common questions that both military members and their spouses have when filing for divorce is what will happen to the servicemember’s pension. Generally, a spouse is eligible to receive direct payments of their military spouse’s pension if they were married for at least ten years, and during the marriage, the servicemember performed 10 years of military service. This rule is dictated by the Uniformed Services Former Spouses’ Protection Act (USFPA).
If you are not eligible to receive direct payments, the pension would be divided by the court as part of your official divorce decree, along with your spouse’s other benefits. As mentioned, New Jersey is an equitable distribution state, so the court would be responsible for determining how much each spouse is entitled to when dividing marital property, including pensions and benefits.
What Impact Does the Servicemembers’ Civil Relief Act Have on the Outcome?
One of the most important aspects of the Servicemembers’ Civil Relief Act (SRCA) is that it allows those serving active duty or deployment to place a stay on the divorce proceedings. Typically, if a spouse is served divorce papers, they must respond within 35 days of the date on which they are served. However, many active duty military members may not have the ability to navigate a divorce while serving. As such, the court can grant a stay, which will last until 90 days after their active duty or deployment ends. This ensures that the military member will not be the victim of a default judgment. However, it can delay the resolution of the divorce and impact time-sensitive matters like alimony or child custody.
Military divorces can be incredibly difficult to navigate in New Jersey, which is why working with an experienced attorney with the Leslie Law Firm, LLC, is in your best interest. Our team understands how overwhelming these matters can be, which is why we will do everything in our power to assist you through these difficult times. Contact us today to learn how we can represent you.
