Military divorce is never easy—but when one or both spouses serve in the armed forces, the process becomes significantly more complex. From residency requirements to child custody considerations to the division of military pensions, a military divorce in New Jersey involves unique laws that many families don’t realize until they’re already overwhelmed.
If you’re preparing for a military divorce—or already struggling through one—it’s crucial to understand how the process differs from civilian divorce. At The Davies Law Firm in Hackensack, we guide service members, veterans, and military spouses through these complicated issues so they can protect their rights and move forward with clarity.
What Makes Military Divorce Different in New Jersey?
Unlike traditional divorces, a military divorce in New Jersey follows both state law and federal regulations such as the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA).
Key differences include:
- Residency requirements for filing
- Delays and protections for active-duty service members
- Division of military pensions
- Survivor Benefit Plan considerations
- Child custody and deployment issues
- Military benefits eligibility for former spouses
Each of these factors can significantly impact the timeline, process, and outcome of a military divorce.
Residency Requirements for NJ Military Divorce
Many couples don’t realize New Jersey offers special rules that provide added flexibility for military families. You can typically file for divorce in NJ if:
- The service member is stationed in New Jersey, or
- The military spouse lives in New Jersey, or
- New Jersey was the last state of residence before deployment
This helps military families begin the process even when frequent relocations make residency difficult.
How the Servicemembers Civil Relief Act (SCRA) Affects the Process
The Servicemembers Civil Relief Act (SCRA) provides legal protections for active-duty service members who may not be able to fully participate in divorce proceedings due to deployment or training.
Under SCRA, courts may:
- Delay or “stay” the divorce
- Postpone hearings
- Protect service members from default judgments
You can learn more about SCRA protections directly from the U.S. Department of Justice’s Servicemembers and Veterans Initiative, which offers authoritative guidance on legal rights for active-duty military members.
If your spouse is deployed or on active orders, this may affect the divorce timeline. The Davies Law Firm helps military families navigate these delays while ensuring both parties remain protected.
How Military Pensions Are Divided in NJ
One of the most complex aspects of a military divorce in New Jersey is the division of military retirement benefits. Key points include:
- The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs pension division
- New Jersey treats military pensions as marital property
- A spouse may be entitled to a portion of retirement regardless of the length of the marriage
- The “10/10 rule” only determines whether DFAS can pay the spouse directly
Pension division requires precision and a lawyer familiar with federal military regulations. To understand how these benefits are handled, visit our dedicated page on divorce attorneys in New Jersey, which explains pension rules and spouse entitlements in detail.
Custody and Parenting Time When One Parent Is Deployed
Military service creates unique challenges for child custody and parenting time. New Jersey courts prioritize stability and consider:
- Deployment schedules
- Household support and care plans
- Virtual or electronic parenting time
- Short-term custody modifications during deployment
- Long-term stability after return
New Jersey law protects service members from losing custody solely due to deployment but creating a workable and child-centered plan is essential.
What About TRICARE, Commissary, and Other Military Benefits?
Some former military spouses may still be eligible for certain benefits after divorce—but only under specific rules, such as:
- The 20/20/20 rule
- The 20/20/15 rule
These benefits can include:
- TRICARE medical coverage
- Commissary and exchange privileges
- Military ID card access
Determining eligibility early helps ensure benefits are not lost during the divorce process.
Why You Need a Lawyer Experienced in Military Divorce
A military divorce in New Jersey involves federal laws, financial regulations, jurisdictional requirements, and custody issues that many attorneys never encounter. Working with a skilled Hackensack family law attorney ensures:
- Proper handling of military pensions and benefits
- Strong custody planning during deployment
- Accurate filing under SCRA protections
- Strategies to safeguard financial and parental rights
The Davies Law Firm understands the challenges military families face and provides tailored strategies to protect your future.
Take the First Step Toward Clarity and Protection
Whether you’re an active-duty service member, veteran, or military spouse, you deserve a divorce process that respects your service and secures your future.
Contact The Davies Law Firm today to discuss your military divorce options