Navigating Military Divorce
Military service members and their spouses face a variety of complex issues when proceeding with divorce or marital separation. It is important to hire an experienced New Jersey military divorce attorney who is familiar with these unique legal issues.
The law office of Michael J. Stein, Attorney at Law, provides experienced and professional legal counsel to military spouses in New Jersey and to service members stationed in Lakehurst, New Jersey, at the McGuire AFB, Fort Dix and Naval Air Engineering Station. Our firm also handles post-judgment issues for out-of-state clients whose cases originated in New Jersey.
Military Divorce, Custody, and Support — The Solutions You Need
- Child custody and visitation: Issues involving child custody are never easy. We help clients minimize conflict — thus reducing the negative impact on children — by negotiating child custody and visitation arrangements.
- Child support: Whether representing the mother or father, we provide clients with information regarding estimated child support and address concerns involving deviations from New Jersey child support guidelines.
- Spousal support/alimony: While many factors are considered in determining if and how much support is necessary, one critical issue is identifying accurate gross income information for each spouse. Careful analysis of the service member’s Leave and Earnings Statement is necessary to ensure that base pay and any additional allowances are considered when determining support issues.
- Property division: Property division in a military divorce is handled in the same manner as a civilian divorce — in accordance with equitable distribution laws (meaning that property division is fair, not necessarily equal). However, usually the most complex and most significant assets involved in a military divorce are the military pension and other military retirement benefits.
- Military benefits: Contrary to common misconception, a military pension is subject to division regardless of the length of the marriage. While the Uniformed Services Former Spouses’ Protection Act (USFSPA) provides that in marriages lasting 10 years (coinciding with 10 years of military service), the Defense Finance and Accounting Service (DFAS) will directly pay the former spouse’s share of the service member’s pension benefits, it does not preclude spouses with shorter marriages from recovering their share of military pensions, thrift savings plans, and other military retirement benefits.
- Post-judgment issues: Post-judgment modification of child support, child custody, visitation, or other court orders can be of significant interest for service members and former military spouses. We are adept at handling concerns involving jurisdiction, relocation issues, and other post-divorce modification matters. Additionally, we are experienced in handling enforcement of court orders following a military divorce. Failure to pay support is deemed criminal under the Uniform Code of Military Justice (UCMJ).
Military divorce lawyer Michael J. Stein has more than a decade of experience helping clients resolve the difficult issues that arise in divorce. We are known for our ability to listen and address your situation with the utmost compassion, diligence, and dignity.
Schedule a Free Consultation at 856-291-0549
Whether you are stationed at McGuire Air Force Base/Fort Dix or your spouse is stationed in New Jersey, we can help. Contact a military divorce lawyer at our firm to schedule an appointment. We offer flexible scheduling of appointments.