Navigating the intricacies of a military divorce in New Jersey involves unique challenges that can differ significantly from civilian divorces. For military families, the process is further complicated by the demands of military service, including deployments, relocations, and the specific laws that apply to military personnel. At Tanya L. Freeman, Attorney at Law, we are committed to providing compassionate and comprehensive legal support to military families during these difficult times.
Jurisdiction and Legal Residency Issues
One of the initial hurdles in a military divorce is determining the proper jurisdiction for filing. Military families often move frequently due to service obligations, making residency requirements complex. In New Jersey, either spouse must reside in the state for at least one year before filing for divorce. However, if the service member is stationed in New Jersey, they can also meet this residency requirement, even if they are not a permanent resident of the state. This aspect is critical because it affects the court’s ability to handle the divorce proceedings and issue valid orders regarding property division, custody, and support.
Service of Process and Active Duty Considerations
Serving divorce papers to a spouse who is on active duty can be challenging. The Servicemembers Civil Relief Act (SCRA) provides protections to active-duty military members, allowing them to postpone legal proceedings, including divorce, while they are deployed or otherwise unable to participate in court actions. This protection ensures that service members are not disadvantaged in legal matters due to their military commitments. Understanding these protections is essential for both parties in a military divorce, as it can affect the timeline and progression of the case.
Child Custody and Visitation
Child custody issues in a military divorce can be particularly complex. The demands of military service, including long deployments and relocations, can significantly impact custody arrangements. New Jersey courts prioritize the best interests of the child when making custody decisions. However, the unique circumstances of military service require careful consideration and often creative solutions so that the service member maintains a meaningful relationship with their children.
Deployments can disrupt regular visitation schedules, necessitating flexible parenting plans that accommodate the unpredictability of military life. This might include virtual visitation arrangements, such as video calls, during periods of deployment. Additionally, the military parent’s custodial rights should be preserved during their absence, so that their relationship with their children is protected despite the challenges posed by their service commitments.
More than an accomplished divorce and family law attorney, Tanya L. Freeman, is a consummate professional with a wealth of corporate and life experience. Known as a leader and strategist, Tanya L. Freeman was appointed by the Governor of New Jersey as Chair of the Board of Directors of the University Hospital in Newark, New Jersey. Tanya L. Freeman also presents among the ranks of public speakers. She captivates and inspires professional groups nationwide. "Tanya has the eloquence and oratory brilliance with the ability to forge deep connections with her listeners."
Tanya L. Freeman, Attorney at Law
Managing Partner of the Family Law Practice at Callagy Law
Division of Military Benefits and Pensions
The division of assets in a military divorce includes not only traditional marital property but also military-specific benefits and pensions. Military retirement benefits are subject to division under the Uniformed Services Former Spouses’ Protection Act (USFSPA). This federal law allows state courts to treat military retirement pay as marital property, subject to equitable distribution. Understanding how these benefits are calculated and divided is crucial, as they represent a significant portion of the marital assets.
In New Jersey, the court will consider the length of the marriage and the overlap with the service member’s military service when determining the division of military pensions. The 10/10 rule often applies, which requires that the marriage lasted at least 10 years and that the service member completed at least 10 years of military service during the marriage for the former spouse to receive direct payments from the Defense Finance and Accounting Service (DFAS). However, even if the marriage does not meet this requirement, the court can still award a portion of the retirement benefits to the non-military spouse.
Spousal and Child Support
Determining spousal and child support in a military divorce follows New Jersey state guidelines, but it also involves specific military considerations. Military income includes basic pay, allowances for housing (BAH), subsistence (BAS), and other special pays, which must be accurately calculated to determine the service member’s total income. Ensuring that all aspects of military compensation are considered is essential for a fair support order.
The military has regulations that require service members to support their families, even before a formal court order is in place. These regulations ensure that the non-military spouse and children receive financial support during the divorce proceedings. However, obtaining a formal support order is crucial to enforce long-term financial support and address any disputes that may arise.
I was very fortunate to find Tanya online during an urgent family matter. I was able to speak with her on our situation and she immediately jumped on the case the same day. I was impressed at her knowledge and her team as they were able to answer questions on the spot and navigate through an unpleasant situation. Her honesty and responsiveness have made this process much easier, and the support she has provided has truly gone above my expectation of a family law firm. This is truly an exceptional firm & I would highly recommend.” - Lydia Martinez My father recently hired Tanya Freeman; Family Law Attorney and her team as a replacement to handle his divorce which has been going nowhere for over 3 years with a different attorney. Tanya and her team have done so much within just a few months for his trial and has given my father a new sense of hope. The team is always quick to respond to any questions. The case is still ongoing, however, my father has newly restored confidence that he will be treated fairly and with his best interest in mind. We definitely recommend Tanya Freeman; Family Law Attorney." - Molly Howard Tanya is an outstanding attorney! Her attentiveness to detail and willingness to be honest with her clients means you’re going to get the best possible outcome for your case. She and her team went above and beyond, making sure my divorce and custody case ended neatly and in the best interest of my children. Her pricing is reasonable and she’s willing to work with you. I highly recommend Tanya Freeman to anyone going through a divorce or family law case!" - Jenifer Mckinney
Impact of Relocation and Deployment on Custody and Support
Relocation and deployment are common aspects of military life that can significantly impact custody and support arrangements. When a military parent receives orders for relocation, it can necessitate changes to existing custody agreements. New Jersey courts generally require that any relocation that affects the child’s relationship with the other parent must be approved by the court. The parent seeking relocation must demonstrate that the move is in the child’s best interest and that it will not negatively impact their relationship with the non-custodial parent.
Deployments add another layer of complexity. Temporary changes to custody and visitation schedules are often necessary to accommodate the military parent’s absence. Clear and detailed custody agreements that account for the possibility of deployment are essential. These agreements should outline contingency plans for visitation, communication, and make-up time once the deployment ends. This proactive approach helps minimize conflict and ensures stability for the children involved.
Legal Protections and Considerations for Military Spouses
Military spouses have certain legal protections and considerations that must be addressed in a divorce. The SCRA provides a range of protections, including the ability to request a stay of proceedings if the service member’s military duties prevent them from participating in the case. Additionally, the division of military pensions under the USFSPA can include Survivor Benefit Plan (SBP) coverage, which provides ongoing financial support to the former spouse if the service member predeceases them.
Health care benefits are another critical issue for military spouses. Former spouses may be eligible for continued health care coverage under the Tricare system if they meet specific criteria, such as the 20/20/20 rule. This rule states that the couple must have been married for at least 20 years, the service member must have at least 20 years of service, and there must be at least a 20-year overlap between the marriage and the service. Understanding these benefits and ensuring they are included in the divorce decree is vital for the financial and health security of the former spouse.
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Legal Representation and Advocacy
Navigating the complexities of a military divorce requires legal representation. The unique aspects of military life, from the calculation of benefits to the challenges of deployment, demand a thorough understanding of both state and federal laws. At Tanya L. Freeman, Attorney at Law, we are dedicated to advocating for our clients’ rights and seeking a fair and equitable resolution to their divorce.
Our approach is centered on personalized service and strategic planning. We take the time to understand each client’s unique circumstances and develop a tailored strategy that addresses their specific needs. Whether it involves negotiating a fair division of assets, securing appropriate spousal and child support, or creating flexible custody arrangements, our goal is to achieve the best possible outcome for our clients.
Emotional and Practical Support
Divorce is an emotionally challenging process, and military divorces can be particularly taxing due to the added stressors of military life. We provide not only legal support but also practical advice and emotional support to help our clients navigate this difficult time. Our firm understands the sacrifices made by military families and is committed to supporting them through every step of the divorce process.
Your Partner and Advocate
If you are a military service member or spouse facing divorce in New Jersey, it is crucial to have a knowledgeable and compassionate legal team on your side. The complexities of military divorce require careful navigation and a deep understanding of both state and federal laws. At Tanya L. Freeman, Attorney at Law, we are here to provide the support and experience you need to move forward with confidence. Contact us today to schedule a consultation and learn how we can assist you in achieving a fair and equitable resolution to your divorce. Your future and your family’s well-being are our top priorities.