A divorce involving active duty military service members can be especially hard. Here are our itletiop three reasons why you should consult with one of our attorneys about your military divorce.
1. Jurisdiction is often a problem in a military divorce.
Because servicemembers frequently move, it’s tricky to tell where the most appropriate state to file for divorce is when one or both spouses are in the military. The easiest way to ensure you meet the legal requirements to file for divorce in New Jersey is to consult with a New Jersey divorce attorney who is educated in military family law issues. Attorneys can quickly screen whether you are eligible to file for divorce in New Jersey.
2. Service is frequently a problem in military divorces.
And by “service” we don’t mean “military service.” We mean “service of legal process”—meaning making sure that your soon-to-be ex is properly provided with your divorce complaint and all other documents necessary for the legal proceedings to go forward. Service can be tricky when you are dealing with someone who is living on base, who may have PCSed recently, who may be deployed, or who moved without telling their servicemember spouse during a deployment. Attorneys who are familiar with military divorces are experienced with the ins-and-outs of getting good service on a servicemember or a spouse.
3. Custody and parenting time are more complicated in military divorces.
In a military divorce, even when there’s agreement, military lifestyle is highly prone to sudden shifts for unaccompanied tours and deployments. And when the parents don’t agree? It risks turning into an ugly tug-of-war in which the military parent fears being penalized for their service and the non-military parent fears that the first PCS will destroy the custody and parenting time agreement in place. Attorneys accustomed to handling custody and parenting time issues in a military family context can be very helpful in crafting a custody and parenting time plan which respects the rights of both parents and provides flexibility and protections for the inevitable moves and deployments.
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