1-800-TEAM-LAW MENU Home / Family Law / Military Divorce, Custody & Family Law New Jersey Lawyers For Military Divorce, Custody & Family Law CHECK OUT OUR REVIEWS Trusted Family Law Attorneys Help Clients Resolve Military Divorce, Custody & Family Law Matters Across New Jersey While every family is different and has their own unique concerns, a military family can face challenges that civilian families will simply never encounter. You have to deal with all of the same issues presented by divorce–asset division, support obligations and child custody–in addition to the issues presented by military service. As a military family, you need a lawyer with specific experience handling military divorce and child custody matters to protect your interests. At Team Law, we have years of experience advocating for our clients across New Jersey. We understand how the complex interplay between state, federal and military rules might impact your situation and are here to put our skills to work for you. Do You Have Questions About Military Family Law? We Can Help, Tell Us What Happened. Your family has already sacrificed a lot for our country. You shouldn’t have to suffer when you encounter a personal bump in the road. Our dedicated, knowledgeable family law attorneys are committed to creating innovative and flexible solutions for our military clients. Our skilled family law attorneys are here to help military families resolve the unique challenges that military life can present. Call us today to schedule a free consultation to discuss your options. Unique Procedural Hurdles In Military Divorces Divorce is a matter that is handled under state law. Of course, military families move frequently between states–creating confusion over where the actual divorce proceedings should be held in order to obtain a legal divorce. If you are considering a military divorce, you have options. You can file in the state: Where the active military serviceperson is stationed Where the other spouse lives Where you claim residency After determining where to file, matters don’t always become less complex. You may be required to appear for hearings in court–and what if you are called away? Courts tend to be flexible in accepting proposed solutions in these cases. Judges appreciate your service and may agree to: Reschedule an important hearing under the Servicemembers’ Civil Relief Act Allow you to participate remotely, via phone or video conference If you are unable to participate, the court may impose temporary support and custody orders until the matter can be formally resolved. In these cases, it is especially important that you have an attorney who can advocate for your rights while you are away. Get Advice From An Experienced New Jersey Family Law Attorney. All You Have To Do Is Call 1-800-832-6529 To Receive Your Free Case Evaluation. Military Divorce: Asset Division And Support Obligations In any divorce, there are four primary elements that usually must be resolved: Equitable division of assets and debts Spousal support Child custody/parenting time Child custody As in any other case, the parties can agree to an uncontested divorce or can negotiate to reach a settlement that fairly divides the marital assets and debts. Complexities come into play for military families in the form of: Military retirement benefits. A service member’s spouse has the right to share in a military pension regardless of how long the marriage lasted. While the military provides for direct transfer of benefits if the marriage lasts at least ten years, spouses in shorter marriages still have the right to share in military benefits. Military health benefits. A service member’s former spouse will generally only be eligible to continue coverage under military health programs (TRICARE) if the couple was married for at least 20 years during which time the service member served at least 20 years. One year of coverage is available if the marriage lasted 20 years, but there are only 15 years of overlapping creditable service. Former spouses of military service members are entitled to share in military benefits after a lasting marriage has come to an end. After all, as a military spouse, you have sacrificed for your country as well. At Team Law, we know the financial stakes are high after any divorce. We will carefully evaluate your Leave and Earnings Statement, along with any other housing and other military benefits, to help your family reach a fair resolution. Creating Workable Child Custody & Support Arrangements For Military Families The New Jersey courts strongly favor allowing for robust participation of both parents in a child’s life. The same is true for families where one or both parents are serving our country. While it’s always important to provide stability for your child, in military child custody arrangements, flexibility is key to preserving the rights of both parents–and the benefits your child gets from having two active and involved parents. Flexibility is important–because military rules provide that failure to comply with child custody, visitation and support orders can result in sanctions. You may even become subject to mandatory separation from service. If you are deployed and unable to pay, our experienced attorneys can help. We will advocate on your behalf to reach a temporary agreement that protects your interests. Call Our Skilled Attorneys For Help Resolving Complex Military Divorce, Custody & Family Law Matters Today At Team Law, we are known for providing compassionate and intelligent legal counsel for families across New Jersey. With years of experience, we have the skills you need in your corner to handle even the most complex military divorce, child custody, and family law matters. If you have a question about your legal rights or are simply exploring your options, call us today to speak with an experienced family law attorney. Your first consultation is always free, so there’s no risk in calling for help. Frequently Asked Questions About Military Divorce, Custody & Family Law In New Jersey FAQ: I am a service member and subject to an existing child custody arrangement. I’m deployed on active duty and my former spouse is threatening to modify the agreement. Does New Jersey do anything to prevent this? Yes. New Jersey law prevents modifications to child custody arrangements while you are deployed. The courts cannot impose a final order regarding child custody matters, and cannot modify an existing order, until at least 90 days have passed after the end of your deployment. FAQ: I have an existing child custody arrangement with my former spouse. How might future relocations impact my rights as a parent? It is always possible to modify an existing arrangement for good cause. A relocation to serve our country can certainly qualify as good cause. However, you do have to petition the courts to obtain a modification. It may be possible to reach an agreement with your former spouse and simply submit the proposed modification for formal approval. In other cases, the judge may be called on to make a decision. Our lawyers are skilled mediators who can help you resolve these and other complex post-judgement issues. Curious If You Have a Valid Claim? FREE CASE EVALUATION Quickly Find Out If You Have a Case for Free! SEND REQUEST Team Law is outstanding. Everyone is courteous and knowledgeable and I felt that I got the personal attention that I needed. 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