Your Advocate During Military Divorce
If either you or your spouse currently are in the military, the divorce process is different than it is for civilians.
Since I am a Certified Matrimonial Law Attorney, I specifically and only practice family law. I have the experience to be able to help in this difficult time.
Military divorce involves determining residency. As a military family, you probably have been moving and been reassigned.
There is a difference between civilian filing for divorce and the military. The military requirements for service members are more relaxed.
The choice of filing encompasses where their spouse resides, where the service member is stationed, or where the service member claims legal residence. The service member can choose one of these three jurisdictions.
I am an attorney that understands military divorce and can aid in the appropriate place for filing for divorce.
Service of the divorce complaint requires proper notice to the other spouse. It is in your best interest to have an experienced military divorce lawyer that understands the service process.
Service Members Civil Relief Act
The Service Members Civil Relief Act provides certain privileges to military service members. These directly impact on the service members ability or inability to respond to a divorce or appear at a court proceeding.
Ordinarily, a person that is served with a divorce complaint is required, pursuant to caselaw and statute, to answer the Complaint within thirty-five (35) days. Civilians can obtain a default judgment against the other side if a spouse fails to respond within that period of time.
Pursuant to the SRA, the judgment cannot be entered as a default against the military service member without meeting additional requirements.
In certain fact patterns, the court can stay the proceeding and hold the proceedings for ninety (90) days for the benefit of the military service member, or provide for a period of time where nothing occurs in the actual case.
If the military service member needs an additional postponement of the proceedings, there are more requirements.
It is vital that the military service member use an attorney that understands the circumstances that justify a stay of the proceedings. It is also important to remember that the initial request for the stay is not absolute. The Court will review your facts and then make its determination.
Spousal Support Attorney
Alimony in the state of New Jersey is analyzed with each person‘s income. The Court also reviews many factors to analyze an award of alimony.
For purposes of military service members, the income is analyzed as follows: basic pay, special pay, and benefits in lieu of pay such as food and housing.
In reviewing benefits in lieu of pay, the Court can look at the Leave and Earnings Statement, which is the evaluation of the benefit descriptions.
It is important to know that the Court may provide for temporary support, even if a service member is requesting a stay of the proceedings. In other words, the Court does have the right to issue an Order relative to support even if the service member is requesting that it be postponed.
It also should be noted that the Service Members Civil Relief Act also permits the request for an expedited hearing. If there is an imminent deployment, or in a situation where the service member has to be absent or has upcoming service related treatment, and a custody decision or custody evaluation occurs, the service member may request that their support requirement be withheld.
This would occur once there is an Order entered by the Court. The service member can request a garnishment of pay via the Department of Finance and Accounting Service.
Parenting and Military Divorce Lawyer
Unfortunately, in a divorce case, both parents have to actively help to decide how parenting time is going to work with their children.
A service member may have made the commitment to spend time away from their families in service. We thank you for your service.
New Jersey case law and statute recognizes that sometimes a deployment may occur with extremely short notice. The Court also acknowledges that there can be issues that are particularly unique in military families as to analyzing and figuring out how best to create a child custody and parenting time final Order.
The Court is guided by the best interest of the children standard.
Service Related Absences and Deployment
If a parent is absent for thirty (30) days or more due to deployment or other service related acts, the law in the State of New Jersey will not issue a final custody Order. Furthermore, the Courts are required to wait a minimum of ninety (90) days from a deployed parent returning home.
Most importantly, the remaining parent may be required during leave periods to allow the parent with a service related absence to be with the parties’ children and enjoy their parenting time.
Once a parent is home, the “temporary change” has ended. Now the parents can work to create a final parenting plan.
It is also important to note that custody is not always awarded to the non-departing parent.
Courts have the option in custody Orders to allow for the deploying parent’s family member, with whom the child has a close relationship, to be awarded temporary custody.
Military Retirement and Other Benefits
If spouses have been married for at least ten (10) years and the service member has the same ten (10) years of service during the marriage, then the Defense Finance and Accounting Service can pay the spouse the entitlement of their share of the pension.
Protecting Your Rights During Military Divorce
Military divorce presents unique challenges for New Jersey families. I am a Certified Matrimonial Law Attorney, and I have the experience and understanding to guide you through this complex process.
Don’t face a military divorce alone. Call Melinda L. Singer, Esquire, today at 201-870-0826 or complete my online form to schedule a consultation.