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New Jersey Divorce Lawyers > New Jersey Military Divorce Attorneys

New Jersey Military Divorce Attorneys

Understanding New Jersey Military Divorce Laws

As a member of a military family, you are well aware that the military impacts all areas of your life from where you will live, to when you can take vacation and how much you will earn each year. Although it seems like a very personal matter, divorce among military families can be more complicated, especially when one of the parties is active duty. The process for military divorce differs from a standard divorce in that there is a much higher chance that the couple will require special considerations from the court due to location, benefits or other specific circumstances. If you are a member of the U.S. military, or the spouse of a service member, we can help you through this difficult time with unparalleled legal guidance and representation.

Special Processes for Military Divorce

New Jersey courts make special accommodations for military families because the state understands that service members may be away from their families for long periods of time.

Military families may file for divorce in New Jersey if:

  • The service member is currently stationed in New Jersey,
  • The service member’s spouse currently resides in New Jersey, or
  • The service member claims New Jersey as his or her permanent residence.

Like anyone being called to court, active duty military members must be personally served with a summons and a copy of the divorce action in order for a New Jersey court to have jurisdiction. If the divorce is uncontested (both parties want a divorce and have come to an agreement over support, child custody and how property is to be divided), the active duty spouse may waive personal service to speed up the process.

Many courts will allow service members stationed away from New Jersey to appear via telephone or video conference if immediate legal action is required.

If appearing remotely is not an option, the Service members Civil Relief Act (SCRA) allows a court to stay, or delay, legal proceedings until the service member is available. However, a spouse may still be able to get a court order for temporary child support while the stay is in place.

NJ Military Divorce Child Custody and Support

Each state and each branch of the military has different rules governing the payment of child support, spousal support and alimony. The amount will be set by the court based on the service member’s Leave and Earnings Statement and estimated cost of living expenses. In New Jersey, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances.

In an ideal world, divorcing spouses would submit a child custody plan, which they have both agreed upon, to the court for approval. If the couple cannot agree to a plan, the judge will impose a plan that is in the best interests of the child(ren).

New Jersey, like many other states, has a law that limits the court’s authority to make permanent child custody decisions during a parent’s deployment. Courts must wait until at least 90 days after the end of a deployment to impose a permanent child custody order. Temporary custody decisions can be made while a parent is deployed and then later finalized with or without modification.

Spousal Support and Other Benefits

Along with the normal New Jersey property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. Military pensions are typically subject to division regardless of the length of the marriage.

Former military spouses may be eligible to continue their medical coverage under TRICARE depending on the length of the marriage and the number of years of active service.

Call a New Jersey Military Divorce Attorney Today

When marital discord necessitates action on the home front, the family and relationship law attorneys at Salvaggio Law Group are ready to be called into action. Whether you are a service member or a service member’s spouse, we are here to help you move forward with your life.

At Salvaggio Law Group LLC, we really are here to help.

The staff at Salvaggio were terrific. They helped navigate my custody issue in a timely manner. The best part of the process was that they listened and asked questions so that together we formulated a plan of action that I was comfortable with. I have worked with other attorneys and found the services provided here superior. I would definitely recommend them.

T.T. | Previous Client

I hired Salvaggio Law Group to represent me after my ex-wife filled a post-judgement motion. Salvaggio Law Group was able to draw quick closure to what would have otherwise been a financially and emotionally costly and drawn out endeavor with a rather unreasonable opponent. I couldn’t be more pleased with the manner in which Salvaggio Law Group addressed the post-judgement motion and ultimately got to a favorable outcome. I found the Salvaggio Law Group Team to be professional, knowledgeable, talented and most importantly aligned with what was important to me through this process. I would recommend Salvaggio Law Group to anyone wrestling with the difficulties of divorce and in need of competent and capable representation.

W.W. | Previous Client

No divorce is ever easy. Salvaggio Law Group helped me recognize what is truly important through the process. David's guidance helped me grow as a person and parent. We worked collaboratively on my settlement, where I felt I had a voice in my agreement. I would definitely recommend Salvaggio Law Group to anyone who needs a Divorce and Family Law Firm.

J.G. | Previous Client

The other attorneys did everything in their power to prolong this litigation. But Salvaggio Law Group has been unwavering and has done an outstanding job in spite of their tactics. I would highly recommend them to anyone who wants excellent litigators and tireless advocates for justice.

J.D. | Previous Client

As with any divorce, no one party ends up getting everything that they want. Salvaggio Law Group really focused on what was important to me and really made sure that those concerns were addressed during the process. They also made sure that I got out of a bad situation ASAP with the least amount of pain (financial and emotional) as possible. All the court filings were thorough and they presented my case very well. I would definitely recommend Salvaggio Law Group to anyone who needs the best legal representation in a divorce.

A.J. | Previous Client

What impressed me most about Salvaggio Law Group LLC was their knowledge and professionalism. I was extremely satisfied with their handling of my case. The whole staff was always ready and willing to help as needed. I wish that I did not have to go through the divorce, but I am happy that Salvaggio Law Group handled my case. They were exceptional.

J.V. | Previous Client

I would definitely refer someone to Salvaggio Law Group LLC. I work with many attorneys as part of my profession and found them to be talented, well versed in the law, and good negotiators who ensured that a fair and reasonable outcome was achieved. They were always better prepared and more knowledgeable than the other side's attorney. They also showed me how I could save time and legal fees by doing a lot of the documentation work myself. All of my calls and e-mails to Salvaggio Law Group were promptly addressed, and their interactions with me were always very professional and courteous.

P.F. | Previous Client

When Salvaggio Law Group agreed to represent me in my custody case, I was at the end of my rope. My ex-wife had custody of our two young children, who were suffering terribly because of her instability and failure to properly take care of them. They took the time to get all of the facts, really listened to what I had to say and worked long and hard to get me custody. I could not be happier, and my children are much better off. If you have a tough child custody case, hire Salvaggio Law Group!

G.B. | Previous Client

I hired Salvaggio Law Group, after my ex-wife filed a Motion to force me to pay additional child support and college expenses. My ex-wife was being represented by another supposedly “prominent” Morris County Divorce Law Firm. Salvaggio Law Group immediately focused on the clear deficiencies in the other side’s Motion, submitted a great set of papers to the Judge and was able to get the Motion dismissed in its entirety. Needless to say, I was tremendously happy with the job that they did for me and would definitely recommend Salvaggio Law Group to anyone else who needs the best Divorce and Family Law Firm in New Jersey.

J.C. | Previous Client