Those who serve in the Armed Forces have a different situation than a civilian when divorcing. Not only will the divorce be impacted by New Jersey law, a military divorce is also affected by federal law. Soldiers who are deployed when a divorce is filed have protections against the legal action, allowing for a postponement of proceedings. The individual could also waive this right if there is an ability to get the matters resolved within the civilian time frame for response to a divorce action.
Call the East Brunswick military divorce lawyer at the Law Offices of Ryan E. Gilbert, LLC: (866) 760-6430.
The requirement to file in New Jersey include that either you or your spouse must reside or be stationed in the state. The grounds for a military divorce are the same as those for a civilian divorce, including allowing for a no-fault divorce. Where the biggest impact lies is in the fact that the service member is also subject to the Uniformed Services Former Spouses' Protection Act, which governs how military benefits are divided upon divorce. This Act allows for a direct payment from military retirement benefits, to be paid to a former spouse.
New Jersey state guidelines will be implemented to determine:
Military divorce law has several factors that could impact the outcome of a divorce, and it is crucial that your East Brunswick and Freehold military divorce attorney has a full grasp on all of these legal matters. For example, your gross income is calculated not only on your pay, but on all other advantages that you could be receiving, including housing and food, placing a monetary value on these items.
There are other important matters that must be resolved, including an understanding of the Uniform Code of Military Justice, particularly if there is an allegation of domestic violence, and how these issues will impact the career of the military member, as well as child custody and visitation.
If you need counsel through your divorce, call the Law Offices of Ryan E. Gilbert, LLC at (866) 760-6430.