For many individuals, one of the most stressful life events is filing for divorce. However, when you or your spouse serves in the armed forces, this matter can become downright overwhelming. As such, it’s critical to understand your options when filing for divorce in New Jersey, as a military divorce can differ greatly from a civilian divorce. The following blog explores some of the ways in which your divorce may differ, as well as the importance of working with a Somerset County divorce attorney to help you explore your legal options.
How Does Divorce Differ for Members of the Armed Forces?
Divorce can be a very different process for those currently serving, as there are aspects of their job that make this process much different. One of the primary differences you’ll need to consider when getting a divorce, if you or your spouse is a member of the military, is where you will file for divorce. Typically, each state has residency requirements, like living in the state for one year continuously before you can file. However, members of the armed forces are often moved from base to base, meaning it can be difficult to know where to file. As such, many states, including New Jersey, waive the residency requirement for those looking to file for divorce. This allows you to file under the state’s laws regardless of how long you’ve been stationed in New Jersey.
Another important element to keep in mind revolves around the response time to answer a divorce petition. Typically, in New Jersey, when someone is served with a divorce petition, they must answer it within thirty-five days or risk a default judgment. This is when the court will determine the outcome of the divorce after only hearing from the filer. However, as a military member, you may be eligible to request a stay under the Servicemembers Civil Relief Act (SCRA). This stay can grant you a 90-day extension to respond to the divorce petition if your duties prevent you from answering. Once the 90 days have elapsed, the court can continue granting extensions, but it’s important to understand that a divorce can not be indefinitely postponed.
Do I Need a Lawyer or Will the Military Provide One?
While you may know that each branch of the military provides attorneys who can help in certain legal matters, when filing for divorce, working with a civilian lawyer is generally in your best interest. This is because the branch attorney may provide legal assistance, such as reviewing documents or drafting agreements, but the attorney cannot represent you in court or when negotiating with your spouse’s lawyer. Additionally, while these are licensed lawyers, they may not have the specialized knowledge that a divorce attorney has to help you fight for the best possible outcome for your unique circumstances.
If you or your spouse is are member of the armed forces and you’re going through a divorce, understanding the importance of working with an experienced attorney is critical. At the Siragusa Law Firm, our team will do everything possible to help you in the fight for the best possible outcome. You’ve fought for your country, so we will fight for you. Contact us today to learn more.