Any divorce can get complicated quickly, but a divorce involving a member of the military can come with its own unique hurdles. This is why it can be such a good idea to have one of our Westfield divorce & family law attorneys by your side as you navigate this process. We can answer any questions that you may have and we will make sure that you understand how military divorce can differ from the normal process in New Jersey.
Are There Special Rules for Military Divorce in New Jersey?
There are a few rules for a military divorce in NJ and they are primarily designed to protect a service member’s rights while they are at war, on active duty, or otherwise deployed somewhere else. A big one is that when you file for divorce against someone in the military, the proceedings have to be stayed for at least 90 days.
This is because it can be harder for an active member of the military to respond to court actions in a timely manner. In some cases, an additional stay can be granted if the defendant requires one. So if you are divorcing someone in the military, you should at least expect that beginning the process can take a little longer.
Does the Military Have its Own Standards for Child Support?
Every branch of the military also has its own standards for child support. A member of the military can also be charged criminally if they do not make their support payments, because simply ignoring a debt and their obligation to repay it is not allowed. However, we still recommend that you go through the state court systems for any issues relating to child support for the following reasons:
- State guidance for child support tends to be more generous
- Each branch of the military has its own rules and regulations, making their courts a bit more difficult and costly to navigate
- The family court is adept at handling this kind of bargaining and enforcement
If you have questions about your child support arrangements or a military ex-spouse who will not pay, we can assist you.
Are Spouses Entitled to Military Pension?
In most cases, a military pension is going to be considered an asset of marriage. As such, it is going to be split up when a divorce occurs. How much of a pension you receive as a non-military spouse and how you receive it can vary depending on the length of the marriage and a few other factors.
How is Child Custody Treated in Military Divorce?
In New Jersey, a permanent custody and visitation rights agreement will not be finalized until 90 days have passed after a non-custodial parent’s deployment has ended. Then there is usually some room made in the agreement to ensure that parenting time can sometimes be modified if a parent has military-related obligations.
Consult Our Family Law Attorneys
If you have questions about the divorce process or any other considerations that need to be made when one spouse is a member of the military, contact Ross & Calandrillo, LLC. We can offer you a consultation and tell you more about your options.