Military Divorce Lawyer in New Jersey: Seasoned Support

Military Divorces Are Complicated — Let Our NJ Lawyers Help You Through It

As with all families, military families often find themselves dealing with divorce issues. A military divorce is the same as a civilian divorce in many respects, but different in many important procedures and details as well.

At Graziano & Flynn, P.C., in Cherry Hill, New Jersey, we are committed to representing people from Fort Dix, McGuire Air Force Base, the Joint Base MDL and overseas locations during deployments dealing with military divorce issues, ranging from asset division to child custody and visitation. Whether you are the service member or the service member’s spouse, we will help you understand your rights and take steps to protect your future.

Call a New Jersey military divorce attorney from Graziano & Flynn, P.C., at 856-499-4351 or toll free 866-948-7568. You can also send us an email and we will respond promptly.

Special Considerations for Military Divorces

Navigating a military divorce in New Jersey involves specific rules and considerations that differ from civilian divorce. A military divorce lawyer at Graziano & Flynn, P.C. is well-versed in these complexities, helping you safeguard your rights whether you’re based at Fort Dix or are currently deployed overseas.

Below, we delve into the key areas you need to be aware of when going through a military divorce:

The Federal Servicemembers Civil Relief Act of 2003

The Federal Servicemembers Civil Relief Act (SCRA) (50 U.S.C. §§ 3901—4043) of 2003 is a pivotal statute designed to protect active-duty service members from being sued in civil proceedings while on active duty, including divorces. Under SCRA, legal proceedings may be postponed to ensure that active-duty military members can fully participate in their defense, and to prevent default judgments from being entered against them.

At Graziano & Flynn, P.C., our military divorce attorneys understand the SCRA inside and out and can guide you through how it applies to your divorce proceedings, safeguarding your rights and future.

Uniformed Services Former Spouses’ Protection Act

Another significant factor in military divorces is the Uniformed Services Former Spouses’ Protection Act (USFSPA) (10 U.S.C. § 1408). This law allows state courts to treat military retirement pay as marital property, to be divided between the spouses.

Understanding how the USFSPA impacts your divorce can be complex, but our skilled military divorce lawyers can provide essential guidance, ensuring you get the fair asset division you deserve.

The 10/10 Rule in Military Divorces

The 10/10 Rule is a specific criterion under the USFSPA that must be met for a former spouse to directly receive a portion of the military member’s retirement pay. The rule stipulates that you must have been married for at least ten years while the military spouse performed at least ten years of service to receive direct payments from the retired pay center, usually the Defense Finance and Accounting Service (DFAS). These 10 year periods must completely overlap.

Grasping the intricacies of the 10/10 Rule is crucial for securing your financial future, and our team of military divorce lawyers at Graziano & Flynn, P.C. is prepared to help you navigate this complex requirement and other military divorce laws..

Marital Assets & Military Property

When it comes to asset division in a military divorce, understanding the nuances around marital assets and military-specific properties like military retirement benefits, a military pension, and allowances is pivotal. Military retirement pay, in particular, is often one of the most significant assets to be divided. It can be treated as marital property under the USFSPA and is subject to the equitable distribution process under New Jersey law (NJ Rev Stat § 2A:34-23.1).

At Graziano & Flynn, P.C., our seasoned military divorce lawyers have the expertise to guide you through the valuation and division of these complex assets, ensuring your financial interests are safeguarded throughout the divorce process.

Income Supplements to Base Pay

Active duty members of the military receive income supplements to base pay for housing (BAH) and other living expenses (BAS). Graziano & Flynn lawyers are on the alert for these supplements and will be sure to insist that they be added to the base pay which will, in turn, increase the amount available when calculating alimony and child support.

Where Military Servicemembers Should File for Divorce

Deciding where to file for a military divorce is often a complicated issue that involves considerations like residency, legal jurisdiction, and more. While many civilians usually file for divorce in the state where they currently reside, military members have multiple options.

They can file in their state of legal residence, the state where the military member is currently stationed, or even in the state where the spouse resides. The attorneys at Graziano & Flynn, P.C. specialize in military divorces in New Jersey and can guide you in choosing the most favorable jurisdiction, taking into account variables like state-specific divorce laws and asset division regulations.

Child Custody & Support Concerns in Military Divorces

Child custody and child support are often emotionally charged issues in any divorce, but they can become even more complex in military divorces. Frequent deployments, long-term assignments, and other military obligations can complicate custody arrangements and support calculations. Issues like geographic relocations and the needs of the child must also be carefully weighed.

The military divorce lawyers at Graziano & Flynn, P.C. offer specialized guidance in navigating these intricate concerns. Our attorneys prioritize the well-being of your children while making sure to protect your parental rights. Whether you are the service member or the service member’s spouse, our lawyers will work diligently to establish custody and support agreements that are both fair and sensitive to the unique challenges of military life.

Effective Military Divorce Lawyers in New Jersey

Military divorces are a complex combination of federal military law and New Jersey divorce laws. We are committed to ensuring that our clients receive effective, competent legal representation. We have an in-depth understanding of New Jersey divorce laws as well as laws and rules specific to military divorce, such as:

The Uniformed Services Former Spouses’ Protection Act (USFSPA)
The Servicemembers Civil Relief Act
The 10/10 rule for property division
Family Care Plans and child custody arrangements
The impact of BAQ and other allowances on support
Determining residency
Commissary Privileges and TRICARE benefits

Certain military privileges, health care benefits, housing, commissary, and base exchanges survive divorce and others do not. It depends on the length of military service. When you consult our Cherry Hill lawyers, we will help you understand how your divorce will impact these issues.

Looking Out for Your Future

Our attorneys know how to evaluate disposable retired pay and combat pay with regard to what portions can be divided as part of the divorce. Since the military pays for housing, a party can find his or her living situation dramatically altered as a result of a divorce as well. One of our goals is to reach an outcome that disrupts your living situation as little as possible, especially if you have children.

As with all divorce matters, a military divorce requires the same planning and foresight as a civilian divorce. We work closely with service members and non-members to ensure their rights and interests are protected before, during and after their divorce is final.

Contact Our New Jersey Military Divorce Attorneys

If you or your spouse is in the military and you are considering divorce, please contact Graziano & Flynn, P.C. We can be reached at 856-499-4351 or toll free 866-948-7568. You can also send us an email and we will respond promptly.

We Proudly Serve All of South Jersey

Client Reviews

Robyn is an excellent litigator and educated/guided me throughout my divorce. She is incredibly gifted in managing your case and fighting for you with opposing consul. Through the dark days she kept me going and helped me get the results me and my children deserved.

– Chris K.

Robyn made the divorce process bearable by making sure I was ok every step of the way. She was a fighter when she needed to be and compassionate the rest of the time. The thing I liked best about her is that she was encouraging when I needed to get my end of the work done. She was reasonably priced and worked hard to get my case settled. I have since recommended her to 3 other friends who have retained her services.

– Ana Z.

I was referred to Ron through a friend and I couldn’t have been happier with my experience working with him. I had a family court/custody issue that Ron helped me win. He was extremely knowledgeable with family/custody law and how to approach judges with the information I provided concerning my case. He was reasonably priced and worth every penny. I am finally the parent of primary residence for my daughter thanks to Ron’s expertise. Thanks Ron…

– Nathan

– Danielle

After a divorce, my ex-husband was not keeping up with his scheduled child support payments. With the help and knowledge of Robyn Flynn, I was able to resolve this issue. Being a single mother of three children, Robyn Flynn made me a priority. I felt respected by her always keeping me informed and encouraged. She was not only my lawyer, but a friend during a very stressful time in my life. I would never use another attorney other than Robyn Flynn and highly recommend her to my friends as a trustworthy, professional and experienced lawyer.

– Anna H.

Ron is an extremely trustworthy lawyer. Listen to what he says and have faith in him, you will be as impressed as I am! I couldn’t have dreamed of a better outcome in my case. I wouldn’t have wanted anyone else to represent me, I highly recommend him to anyone looking for an amazing lawyer!!
His staff is amazing as well!!

– Gia

I’d Hire Him Again!

Mr. Graziano had my best interests in mind when he represented me. He is clearly knowledgeable and handled my divorce quickly and efficiently. I’d hire him if I ever found myself needing a divorce lawyer again.

– Nadia

Excellent, Friendly Legal Advice and Service

I offer an unqualified recommendation for Ron Graziano and the service he provided during my divorce. The only reason I am listing this review anonymously is that my crazy Ex is still cyberstalking me. Ron was knowledgeable, creative, and effective as an attorney for my divorce. He listened to me and heard what I wanted and he helped to make sure it happened in court. In addition, he is just a great guy! Don’t hesitate to call him if you need assistance.

– New Client

Hire Ron Graziano!

Attorney Graziano is one of the brightest and most compassionate professionals with which anyone could work! He is a great advocate and is extremely knowledgable of the judicial system. He made a very unpleasant legal situation a pleasant journey, and he helped keep things in perspective and in a positive light. I fully recommend him without reservation!

– Danielle

Best Lawyer Around!

Ron surpassed my expectations in my case. He always kept me in the loop, updated me with any change, and answered ALL of my questions.. And I had a ton! He was very knowledgable, honest, supportive, and calm. I was nervous every step of the way and he listened to each and every one of my concerns. He was always available by phone and email; He responded very promptly to every email I sent (I sent a ton!). Ron is an extremely trustworthy lawyer. Listen to what he says and have faith in him, you will be as impressed as I am! I couldn’t have dreamed of a better outcome in my case. I wouldn’t have wanted anyone else to represent me, I highly recommend him to anyone looking for an amazing lawyer!! His staff is amazing as well!!

– Gia

The Right Attorney for the Job!

Hiring the right attorney to represent your Divorce case is one of the most important decisions you will ever make!

I was fortunate enough to hire Ron to handle my case and had what I believe to be a favorable outcome. I based my opinion on achieving the goals we set in the beginning of the case and comparing my final outcomes to friends and colleagues that went through the process with other attorneys. Thank you Ron!

– Craig

The Best…..

It seemed like my case took forever but I trusted Ron Grazaino ans listened to what had to say.Mr Graziano said that the insurance company was not being fair and that we should go to trial. The trial was very nerve racking however he eased my mind and killed them with proof and knowledment.My out come of my trial brought me to tears of joy. I could never imagine such a good outcome. Listen to him, have faith and you too will be impressed.

– Robin

Excellent

Mr Graziano represented me in a family court matter. Throughout the case, he was intelligent, knowledgable, calm, supportive, and always prompt and responsive to any question I might have. He kept me informed, prepared thoroughly for the hearing and was extremely well spoken. The case was decided in my favor. Definitely a superior lawyer. I am so happy he represented me and would strongly recommend him.

– Child Support Client

I am a Father and my daughter wanted to live with me and attend school closer to my home (I wanted to enroll her into private school) so that would mean I would need to become the primary parent of residence. I thought it would be impossible to get that changed because I also have a career as a firefighter so my work schedule rotates and its 24 hour shifts. I contacted Robyn and she was upfront and honest provided me with possible outcomes. Robyn was outstanding! She had to do the work of two attorneys because the defendants’ attorney would not submit paperwork to the court in a timely manner and that would’ve slowed the process. The case went to trial and having the experienced attorney really showed! I am now the primary parent of residence my daughter and I couldn’t be happier. She always answered my calls, emails and was on time. Both parents were found to be fit by the judge yet a change of custody was still granted in my favor.

– Delvin C.

I couldn’t be more pleased with my attorney Ron Graziano, when it came down to understanding and knowing his area of expertise there is no doubt that this Law Firm is everything plus that. Ron was very easy to talk with and clearly knew how to approach my case. I went to court for a child support/custody situation and it could not have worked out more satisfying for me if i had not had the Graziano & Flynn firm representing me in the most professional and knowledgeable way possible. I did not have to speak with the Judge not one time, i was represented absolutely well by my attorney Ron, he’s the best and i will continue to use him, if need be; Thank you so much.

– Barber B

Going through a divorce and a few attorneys over the years, I did not have the greatest trust in lawyers as a whole. That was until I hired Robyn Flynn. Robyn is honest and incredibly intelligent about family/divorce law. She returned my calls and emails quickly. She wrote briefs and responses both truthfully and succinctly. She was honest about what the judge may say and made recommendations accordingly. She could have encouraged me to fight, draw things out or inundate with threatening letters, but she did not. You have a responsive, brilliant professional WITH INTEGRITY in Robyn Flynn.

– Mia

– Danielle C.

After seeking legal advice from many lawyers for my family law matter, I came across Ron Graziano. Immediately I felt at ease with Ron and his team. Their compassionate and genuine desire to help me through a difficult time was evident. Quickly I was able to experience their professionalism, their vast knowledge of the legal system and their willingness to go above and beyond. I am blessed to have had a great attorney like Ron represent me. If you are in need of legal advice, I highly recommend connecting with Ron, you will not be disappointed. Thank you Ron and your amazing staff for always being there every step of the way.

– H.S.

Robyn Flynn was extremely knowledgeable, professional, efficient and compassionate throughout the process of divorce. Robyn’s advice, drafting of documents, representation in court, and follow up helped to maintain an amicable and quick process. I highly recommend Robyn Flynn.

– Elizabeth T.

Robyn was an excellent attorney who guided me through divorce process from beginning to the end. She was professional and welcoming at all times. One thing that I truly appreciated from her was how knowledgeable she is about the laws concerning divorce, child custody, and alimony. If there was ever a stumbling block thrown at us from other side, she knew exactly how to handle the matter with my best interest at heart. I would highly recommend her for any family matter. She is a wonderful attorney and even better person!

– Cynthia N.

Robyn is very effective in accomplishing the goals set forth by her client. She is considerate and caring towards what matters to you and your family, and what it’s costing you. Too many lawyers encourage extreme litigation from the start which only increases the stess and pain of an already painful situation, not to mention leaving you broke. I fired a previous legal team in the middle of my drawn out, expensive case and hired Robyn who actually listened to my needs and wishes and then actually got the job done.

– Joseph G.

Robyn Flynn is an outstanding attorney who represented me in my recent divorce case. Her kind and calm demeanor helped guide me through this traumatic and stressful period in my life. Robyn was patient with me and always addressed my questions and concerns promptly. She handled each step in the process quickly and efficiently, and kept me informed every step of the way. Robyn’s knowledge of the law and vast experience in handling divorce cases proved to be great assets and resulted in an out of court settlement. Not only was I pleased with her work as my attorney, but I also appreciated the genuine concern she had for my well-being. Her hard work, dedication, support, and guidance were invaluable. Robyn is not only an exceptional attorney, but a great person to know. I highly recommend her to others in need of the best!

– K. P.

Attorney Graziano was great. He worked with me every step of the way. He answered all of my questions…and I had a lot, and updated me with each change.

His staff was also wonderful!

– Robin

Robyn Flynn is that rare attorney that not only cares but delivers results. She is smart, savvy, knowledgable and a pleasure to work with. I have in the past and will continue to refer others to her.

– Mindy B.

Ron was wonderful. He was professional, attentive, knowledgeable and above all was able to win our case!! Would recommend him to anyone! Thank you again!

– Jessica S.

Ron is a very nice, efficient. All layers are expensive but he will work with you. I thank God for finding him in the first place

– Valerie F.