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What Should I Know About a Military Divorce?

On Behalf of | Aug 31, 2020 | Family Law, Firm News

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Divorce is a messy, complicated matter for the average person. A military divorce can be even more so with certain differences that can complicate the process. Today, we’re hoping to walk you through the process and help point you in the right direction.

What State Should you File for Divorce?

A divorce can be filed in the legal residence of either spouse as long as they have lived there for at least 6 months.

Before the divorce starts, it’s important to find out how the state determines the division of military pensions. This is determined under the Uniformed Services Former Spouses’ Protection Act, or USFSPA for short. This states that the state of legal residence of the military member always has the power to determine the division of military pensions in a divorce. If the divorce is filed in a state that isn’t the legal residence of the military member, the court will only have authority to divide the pension if the military member gives consent for the court to do so.

Can a Divorce be Slowed Down by a Servicemember?

The Servicemembers Civil Relief Act, or SCRA, states that while a service member is expected to adhere to all deadlines in the divorce proceedings, delays are allowed to happen if that service member is on active duty. They would have request a “stay” with the court. At that point, the “stay” would go into effect for 90 days. The stay can then be extended after the initial 90 days, but only if the member’s duties interfere with court proceedings.

Can the Military Provide me with a Lawyer?

While each branch has lawyers on base who can help in legal council, they cannot represent you in your divorce. It is recommended that you seek a non-military lawyer for all divorce proceedings.

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

If you are thinking about filing for 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 property, you need to speak with a qualified attorney. The Law Office of Stephen R. Piper, LLC represents clients throughout the state, including Mount Laurel, Burlington Township, Willingboro, and Pemberton. 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 856-333-3586or 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.