What Makes a Military Divorce Different?

If you or your spouse is a member of the U.S. military and you are now seeking a divorce, you may have a long road ahead. Please read on and reach out to our compassionate firm to learn more about the process going forward and how we can help.

What are the residency requirements for a military divorce in New Jersey?

Since members of the U.S. military rarely stay in one place for a significant amount of time, residency requirements for divorce are adjusted accordingly. Military members and their spouses may only file for divorce:

  • In the state where the couple has legal residence
  • In the state where the member of the U.S. military claims legal residence
  • In the state where the military member is currently stationed

How do I serve divorce papers if my spouse is currently serving in the military?

To serve divorce papers to your spouse while he or she is away on duty, you will have to speak with the designated official acting as a law enforcement officer on your spouse’s base. However, it is worth noting that simply serving divorce papers will not grant you a divorce. Your spouse, in most cases, will have the legal authority to reject the serve, which will prevent you from taking the divorce any further until he or she returns from duty.

What does “default judgment” mean?

Courts can issue a default judgment when a spouse files a Complaint for Divorce and the other spouse fails to respond or appear for the court proceedings. However, as you know, military service can prevent an individual who is serving from returning at the present, which is why no judgment on a divorce can be made either until the spouse returns and is present, or until he or she retains legal counsel to act on his or her behalf.

Will my spouse get my military pension if we divorce?

Generally, military pensions will be treated as a marital asset, and will, therefore, be subjected to equitable distribution. It is also worth knowing that the “10/10 rule” says that spouses married for at least 10 years while one spouse served for at least 10 years are entitled to a portion of the divided military pay.

Contact our experienced New Jersey firm

We understand that those getting a divorce most likely have several questions regarding the weeks and months to come. Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact our firm for a consultation today.