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.