Military Divorce Lawyers In New Jersey With Proven Results
Military divorce carries legal complexities that go far beyond a typical divorce case. From dividing military pensions to navigating military child custody laws in New Jersey, you need relentless legal allies who will keep you informed at every step of the way.
From our office in West Caldwell, our team of military divorce lawyers brings over 100 years of combined legal experience. At Cipriano Law Offices, P.C., we have spent more than 20 years helping families in Essex County and throughout Northern New Jersey find their footing during some of the hardest chapters of their lives. We know exactly what steps to take, no matter how complex your case may be.
Understanding Jurisdiction And SCRA Protections In New Jersey Military Divorces
Establishing jurisdiction right from the start is critical because filing in the wrong state can cause costly delays and complications down the road. In New Jersey, a court can establish jurisdiction if either spouse lives in the state, is domiciled here or if the service member claims New Jersey as their home of record.
What Is The Servicemembers Civil Relief Act (SCRA)?
The Servicemembers Civil Relief Act protects active duty service members in legal proceedings, including divorce. If military service prevents a service member from appearing in court or participating in their case, they can request a minimum 90-day stay, effectively requiring the court to pause the proceedings.
In some cases, the court can pause the case for the entire length of active duty, plus up to 60 days after service ends. New Jersey’s Family Division also allows service members to testify by phone during authorized leave, which helps keep cases moving when possible.
Furthermore, before a court can rule against an absent service member, the filing spouse must submit a Military Affidavit stating whether the other spouse is currently on active duty. If they are, the court must appoint an attorney to stand in for the service member and protect their rights. A court simply cannot enter a default judgment against someone who missed a hearing because of their military duties without first taking that step.
How The “10/10 Rule” Impact Military Pension Division
The Uniformed Services Former Spouses’ Protection Act (USFSPA) established the 10/10 rule as the standard for determining whether a former spouse can claim a portion of a service member’s military retirement pay.
For the 10/10 rule to come into play, the service member must have logged at least 10 years of creditable military service, with at least 10 of those years falling within the marriage. Courts only consider the part of the military career that ran concurrently with the marriage as divisible. If your case meets that bar, the court applies a clear formula to figure out what portion of the retirement pay each spouse can claim.
Managing Military Child Custody, Deployments And Relocation
Deployments, training schedules and relocation orders can all disrupt even the most carefully planned custody arrangements. When you are going through a military divorce in New Jersey, building a custody plan that accounts for these realities is crucial.
Creating A Custody Plan That Accounts For Deployment And Relocation
New Jersey courts always base custody decisions on the best interests of the child, and that standard does not change just because one parent serves in the military. However, military child custody in New Jersey does require some additional planning.
A well-drafted parenting plan should clearly outline how custody will shift during a deployment, how the deployed parent will stay in contact with the child and how custody will resume when the service member returns. The Servicemembers Civil Relief Act offers certain protections for active duty parents in legal proceedings, and in NJ divorce cases, these protections can play a role in how the court handles custody matters during deployment. If a permanent change of station order arrives after a custody arrangement is already in place, relocating with your child requires either the other parent’s agreement or a court’s approval.
Your Military Divorce In Northern New Jersey Deserves The Right Legal Team
Whether your case involves pension division, custody challenges or relocation orders, we stand ready to advocate for your rights in every step of the way. Call our West Caldwell office today at CALL or complete this online form to set up your free initial consultation. Let us talk about what we can do for you.