Military Divorce: What’s Different and Why You Need a Lawyer

Military Divorce: What’s Different and Why You Need a Lawyer

Man in uniform holding hands with a womanIf one or both spouses are in the military, then there are special rules and laws that apply when a divorce is filed. These laws are intended to ensure that both spouses have a fair opportunity to respond to a divorce complaint and be heard in the matter. If you are involved in a divorce or have questions about a divorce involving a member of the military then New Jersey family law attorneys can assist.

What happens in a military divorce?
To begin a divorce, one of the spouses files a Complaint with the court. The Complaint  sets forth the grounds for the divorce. The petition must be served upon the other spouse, which can create difficulties if the other spouse is deployed or otherwise unavailable due to military service.

The responding party must file an answer to the petition, otherwise a judgment may be entered by default. Because of special issues related to military service, the time periods that apply in typical civil divorces may not apply.

Once the responding party has been properly served and there has been compliance with other special military rules, then a divorce may be finalized.

What are some unique issues that may arise in a military divorce?
A military divorce may involve issues that are not present in other divorces. This can include allocation of certain military benefits, requirements specifically imposed by a particular military branch, unique child custody considerations, and support issues.

Contact a family law attorney
Because military divorces can be complex and involve unique issues, you should seek out the experienced New Jersey family law attorneys from Iandoli & Edens to ensure that all procedures are followed and your rights are protected.

If you are involved in a military divorce, then contact Edens Law Group,LLC for legal representation.

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