Divorce is difficult no matter what. However, some divorces are more complicated than others. This is especially true when it comes to military divorces. Read on to learn more about military divorce in New Jersey.
New Jersey’s residency requirements?
Every divorce involves residency requirements. 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 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
Serving divorce papers to a spouse in the military:
Serving your spouse with divorce papers can be difficult when he or she is on a secure military base. In order 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. Unfortunately, your spouse will generally 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 is a “default judgment?”
In most cases, 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, military service can prevent an individual who is serving from responding to the divorce, which is why no judgment on a divorce can be made until the spouse returns and is present, or until he or she retains legal counsel to act on his or her behalf. As a result, a default judgment is not an option in a military divorce.
What to know about military pensions?
Generally, military pensions will be treated as a marital asset. This means they will be subject to equitable distribution. It is also important to know that the “10/10 rule” states 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.
If you have any questions or concerns about military divorce, our firm is here to help. Reach out today to discuss your options.
Contact Our New Jersey Firm
If you are getting a divorce or have any other questions regarding divorce-related matters, please do not hesitate to contact Paris P. Eliades Law Firm, LLC for a consultation today.