Stepping Out And Standing Up For What Is Right.

Photo of Attorney Stephen R. Piper

FAQ: Divorcing Someone in the Military

On Behalf of | Sep 29, 2020 | Family Law, Firm News


Divorce laws and requirements can get tricky when one spouse is in the military, making it difficult to know how to proceed. The same rules and regulations that apply to traditional divorces do not always apply to military divorces. If you are considering divorce, it is important to know these differences and to work with a lawyer who is familiar with your state’s laws.

New Jersey Military Divorce Laws

The state of New Jersey allows you to file for divorce if you, or your spouse, are stationed in the state of New Jersey. Residency requirements are waived, which means that you do not have to be a long-term resident.

New Jersey allows you to file for divorce as long as:

  • You or your spouse currently resides in New Jersey
  • You or your spouse is currently stationed in New Jersey
  • You or your spouse claims legal residency in New Jersey

While New Jersey allows you to file for divorce while waiving residency requirements, it can complicate other divorce matters. For example, if one spouse moves back to their home state while separated, it can make navigating court proceedings more difficult. Additionally, if both spouses move, or are stationed, out of state, it may be difficult to schedule court dates or hearings. For these reasons, it is important to work with a lawyer who is familiar with the unique divorce laws of military marriages.

Other Divorce Factors to Consider

The divorce proceeding is not the only thing to consider. Your divorce lawyer will also help with things like:

Additionally, the time limits that usually apply to a divorce case in New Jersey can be extended if one, or both, spouses are in the military. If one spouse is actively serving, then the court proceedings may be postponed. In some cases, a default judgment is available if the active-duty spouse does not respond within a set time limit.

Military divorces often have unique situations that require a case-by-case consultation and we have the skills you need to navigate these concerns.

Why You Need a Good Negotiator For Your Military Divorce Case

Ensuring that you have experienced representation is not the only benefit of hiring a divorce lawyer. Lawyers will also provide you with useful negotiation skills, allowing you to shorten the time in court and in some cases, speed up the time until your divorce is completed. If you and your spouse can come to an agreement before court, it is possible that neither will have to attend the physical court date.

Going through a military divorce doesn’t have to be difficult when you choose the right military divorce lawyer. We will help you determine the right court to file your papers, while also navigating any unique circumstances that come up. We understand how each military divorce case is different, so it is important that we get to know you, and your case.

Contact a Mount Laurel Family Law Attorney for a Consultation About Military 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 assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at the Law Office of Stephen R. Piper, LLC represent clients throughout the state with military divorces, including Mount Laurel, Medford, Burlington Township, and Delran. 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.