Divorce is an overwhelming process, even under the best circumstances. However, if you or your spouse are a United States Armed Forces member, it can be particularly stressful due to additional considerations. Military members often struggle to determine where they are legally permitted to file for divorce, as they are constantly moving around. Given the unique circumstances of a military divorce, it’s in your best interest to enlist the help of our determined Monmouth County Divorce & Separation Attorneys, who can help you navigate your legal options.
Where Can a Military Member File for Divorce?
One of the most complex aspects of a military divorce is residency. Initiating divorce proceedings can be confusing for service members, especially when determining where they are legally permitted to file. It’s crucial to understand that even if a military member is stationed in another state or country, they can still file for divorce in New Jersey if they claim legal residence there. Essentially, service members can choose to file for a divorce in one of the following states:
- The state where the military member is stationed
- The state where the military spouse lives
- The state where the military member claims legal residence
In addition, a military member stationed in New Jersey who isn’t considered a legal resident can still file for divorce in the state. As you can see, service members have different options when it comes to where they file for divorce because specific state laws are designed to help reduce the problems of a military divorce. Essentially, New Jersey waives the resident requirement to file for divorce for military members. Having three different options of where you can file for divorce can prove advantageous, given the unique circumstances of frequently moving around to fulfill their duties.
What Custody and Support Issues May Arise?
The military requires all members to support their spouses and children during a divorce. In New Jersey, different guidelines, depending on the branch of service, determine the amount of support service members will be obligated to pay. Support will be garnished from their wages if they are delinquent in paying their fees. In addition, service members cannot request a change in custody because of their deployment. If a service member is deployed and their parenting time is interrupted, they can choose a designee, such as a grandparent or sibling, to spend time with the children instead.
If you’re considering filing for divorce as a U.S. Armed Forces service member, please don’t hesitate to contact a trusted attorney from the legal team at Paone Zaleski & Murphy, who will fight to protect your rights and interests.
