If you are divorcing a member of the military, there are a few things that you should know before you proceed. Different laws can protect their rights and affect how your divorce process plays out. A knowledgeable Sussex County, Sparta NJ military divorce attorney can guide you through this process.
What Special Protections Does a Member of the Military Have?
When you file for divorce and your spouse is a member of the military, they could have special protections that could delay the process a bit. Many of these protections are simply designed to preserve their rights and due process. If your spouse is deployed or on active duty, the motion to divorce can be delayed for up to 90 days.
This is to ensure that an enlisted member has the time to review everything and respond. A military spouse can also apply for additional stays after this initial 90-day pause, but there is no guarantee that a judge will grant one.
Military spouses are also protected against default judgments. Normally, if a person ignores divorce paperwork from their spouse the case can go on without their presence. This leads to a default judgment that is sure to be in favor of the plaintiff. Members of the military do not have to worry about this happening to them if they are deployed.
How Do Custody Agreements Work in a Military Divorce?
Like in any other divorce, a noncustodial parent is likely to end up paying child support. The noncustodial parent is usually the one who is on active duty in the military. Each branch of the armed forces has its own standards for child support that needs to be paid, but the state of New Jersey can supersede them and make a supporting parent pay more.
One thing to note is that if you are in the military and do not pay your required child support, it is actually a criminal matter instead of a civil one. It is something that all branches of the armed forces take quite seriously.
Is a Military Pension a Marital Asset?
Many people think that you must be married a certain number of years before a military pension can be split in a divorce. This is not actually true though. A military pension can be considered a marital asset from the beginning.
That means that you could end up receiving something from an ex’s pension even if your marriage did not last for decades. How it is paid out, how much you receive, and other parameters can be affected by how long you were married and what kind of agreement you can come to.
Contact Our Family Law Lawyers
If you need help navigating the divorce process, contact Paris P. Eliades Law Firm, LLC. We can help you protect your interests and deal with any unexpected issues.
