When you want to get a divorce and you are in the military, it may be a little bit more difficult to obtain than a divorce with a couple who is not in the military. One of the reasons it can be difficult is because one spouse may be overseas serving the country during the time of the court case which can have an impact on the timeline of the case. Some other complications may include things as simple as serving the other spouse with divorce papers because they may be overseas.
People in the military and their spouses have a few options as to where they can file for divorce. They can file in the state where the military member is stationed currently, where they claim legal residence or in the state in which the couple has legal residence together. Many couples in the military wonder what will happen to the pension after they get divorced. Military pensions can be treated as marital property and may be considered during the equitable distribution of assets process. This is the case if you or your spouse has served in the military for at least 10 years and you and your spouse were married for at least 10 years. These rules fall under the Uniformed Services Former Spouse Protection Act of 1982.
If you or your spouse is in the military and you are considering a divorce, it is important that you seek quality legal counsel with an experienced military divorce attorney.
Paris P. Eliades Law Firm, LLC serves Sussex, Morris, and Bergen County residents who face divorce and family law issues. If you need our quality legal services, contact our Sparta office for a free consultation.