July 26, 2023

Civilian v. Military Divorce

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At Heymann and Fletcher Law Firm, we fully understand the immense difficulty and emotional turmoil that accompanies divorce, both legally and emotionally. Our mission is to guide you through this challenging time, especially if you or your spouse is a military service member. Here's what you need to understand and how a military divorce lawyer can help.

Unique Legal Consideration

Military divorces differ significantly from civilian divorces in numerous ways. As an example, members of the military have the option to file for divorce in the state where they are currently stationed, in their legal residence, or in the state where their spouse resides. This choice can affect the financial aspects of the divorce.

Availability of Legal Assistance

Military lawyers, also known as judge advocates or JAGs can help service members and their spouses understand the unique legal implications of a military divorce.

Division of Military Benefits

Military divorces become more complex because of benefits like commissary access, TRICARE insurance, and retirement benefits. Military retirement benefits are not subject to division unless the couple was married for at least ten years during active duty.

Protection for Active Duty Spouses

The Servicemembers Civil Relief Act safeguards active-duty military members against certain legal proceedings, including divorce. This means if one spouse is on active duty, you may have to delay the divorce process until their active service ends.

Choosing a Military Divorce Attorney

Selecting a knowledgeable military divorce attorney is crucial when navigating a military divorce. Many attorneys claim to understand the military but lack specific expertise. Our New Jersey military lawyers have the experience and knowledge to handle the unique aspects of military divorces.

Remember, every divorce is unique, and what works for one person may not work for another. It's always best to seek professional advice tailored to your specific circumstances. Contact us at Heymann & Fletcher if you're going through a divorce and need guidance.