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Active Duty Service Members – Where Should I File for Divorce?

On Behalf of | Aug 19, 2019 | Family Law, Firm News

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Military Divorces in New Jersey

When someone is in the military, there rules regarding divorce that apply to the service member and their spouse. Oftentimes those in the armed forces move often and don’t have residency in the state that they are stationed currently. Ultimately, knowing where to file for divorce when you’re an active duty service member can be tricky, but with the help of an experienced divorce attorney from The Law office of Stephen R. Piper, LLC, we can help you to determine the proper way to file.

Where to File

When someone files for divorce in New Jersey, the spouse has the option to file for divorce in the state where they live or where the other spouse lives. The service member may choose to file for divorce where they are stationed. They also may file where the service member claims legal residency. A court can have jurisdiction there even if they are stationed in another state. In turn, where the divorce is filed, is what divorce laws apply to a situation. Each state has minimum residency requirements. In New Jersey, someone must reside in the state for 183 days or longer to be considered a resident.

About the Service Members Civil Relief Act

Those who are active duty may have the opportunity to slow divorce if they choose so. This law allows them to delay legal proceedings so that they can devote their time to their service. Proceedings are in turn suspended while someone is active duty and 60 days after their status changes.

About Uniformed Services Former Spouses’ Protection Act

This law says that military pensions can be treated as sole or community property. If someone that is active duty is filing, they want to file in a state where the pension is their own. However, if spouses were married over 10 years, then a portion of the pension is automatically given to the other spouse in the event of a divorce. They also may be entitled to commissary, medical health insurance and other benefits.

Contact a Moorestown Family Law Attorney for a Consultation About Divorce in New Jersey Today

If you are thinking about filing for military divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at The Law Offices of Stephen R. Piper represent clients throughout the state, including Mount Laurel, Delran, Maple Shade, Moorestown, and throughout NJ. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at 856-333-3586 or fill out our confidential contact form to schedule a consultation.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.