Any divorce is challenging, but military divorce has unique aspects to consider. Factors like deployments, jurisdiction and the division of military benefits add layers of complexity to the process. Understanding these specific challenges is essential for service members and their spouses to ensure a fair resolution.
How are military benefits divided in New Jersey?
New Jersey is an equitable distribution state, meaning that marital assets, including military pensions, are divided fairly but not necessarily equally. Military pensions are considered marital property, and the family court evaluates the length of the marriage and how it overlaps with military service when deciding on pension division.
Choosing the right jurisdiction
Determining where to file for divorce is a significant decision for military families. Service members and their spouses often have multiple options, such as the state where they reside, where the service member is stationed, or the state of legal residency. Each state has unique laws regarding property division, alimony, and custody. Filing in a state with laws favorable to your situation is essential and requires careful consideration and planning.
Child custody and deployment
Custody arrangements in military divorces can be complex, especially when deployments are involved. New Jersey courts prioritize the best interests of the child and usually encourage both parents to have active roles in their child’s upbringing. However, a flexible custody plan is often required for service members who may face frequent relocations or deployments. Courts may establish temporary custody plans to maintain stability for the child during such times.
Seeking legal guidance is crucial when pursuing a military divorce. A knowledgeable attorney can help you navigate the nuances of military benefits, jurisdictional complexities, and custody challenges, ensuring a fair and informed divorce settlement.