Military Divorce Lawyer in Morristown, NJ, Addressing Unique Service Member Concerns in Morris County and Throughout North Jersey
Military divorces are extra complicated. Splitting military benefits, sorting out division of pensions, and dealing with deployments or relocations can be really hard, but a Morris County military divorce attorney can make this situation easier.
At M. Hart Divorce & Family Law, we understand what military couples go through navigating divorce. We know the federal and state laws for military divorces and can protect your best interests.
If you’re facing a military divorce, trust an attorney who understands your unique circumstances. Contact us today to schedule a consultation with our Morris County military divorce attorney.
Understanding Divorce Options for Military Couples in Morris County
Military couples have two main paths for divorce:
Contested Divorce
If you and your spouse can't agree on key issues like property division, child custody, or support, you'll need to file for a contested divorce. This can involve lengthy court battles, but sometimes, it's the only option when conflicts are extreme.
For example, one spouse may want sole custody of the children while the other fights for shared custody. Such disagreements can prolong the process, but our military divorce lawyer in Morristown, NJ, is skilled at advocating for your best interests.
Uncontested Divorce
In an uncontested divorce, both parties agree on all issues of their marriage. This option is quicker, less expensive, and less emotionally taxing.
If you and your spouse can agree on how to split your assets and co-parent your children, an uncontested divorce could be your best choice.
Not sure which option suits your situation? Contact us today. Our Morris County military divorce attorney can help you decide the best path and support you throughout the process.
Key Challenges of a Military Divorce
Military divorces involve numerous stages as well as unique challenges:
File For Divorce
Military service members frequently relocate, which complicates determining where to file for divorce. The law allows you to file in:
- The state where the non-military spouse resides
- The state where the service member is deployed
- The service member's legal residence state (as listed on their LES document)
To file for divorce in New Jersey, at least one of the following must apply:
- One of the spouses must have lived in the state for at least a year
- The service member must be stationed in New Jersey
Jurisdictional issues can be confusing because they involve both state and federal laws. We can file for your divorce, whether you're living in Morris County or a service member stationed at:
- Picatinny Arsenal
- Fort Dix
- Loran Support Unit
- Training Center Cape May
- NWS Earle
- NAES Lakehurst
- McGuire Air Force Base
Distribution of Military Benefits
Dividing assets in a military divorce often involves:
Property Distribution
Military couples may own property in different states, adding layers of complexity. New Jersey follows equitable distribution laws, meaning assets acquired during the marriage are divided fairly, not equally. However, properties in other states must follow the state laws where they are located.
If Morris County courts have jurisdiction over both spouses, they can order the equitable division of out-of-state properties as well.
Military Pension Distribution
New Jersey laws determine whether a military pension is considered marital property, while federal laws dictate how it’s distributed. Under the 10/10 Rule, the Defense Finance and Accounting Service (DFAS) will directly pay a non-military spouse if:
- The marriage lasted at least 10 years, and
- The marriage overlapped with 10 years of military service.
Healthcare Benefits Distribution
Non-military spouses retain TRICARE and other benefits during divorce proceedings. After the final decree, the 20/20/20 Rule determines continued eligibility. To qualify,:
- The service member must have completed 20 years of service
- The marriage must have lasted 20 years
- There must be a 20-year overlap between marriage and military service
Discuss your military divorce with us today. Our military divorce lawyer in Morristown, NJ, can help you understand what benefits you’re entitled to.
How Our Morris County Military Divorce Attorney Can Support You Through Your Divorce
Resolve Jurisdictional Issues
Determining the right state to file for divorce can be overwhelming. Our attorneys:
- Review your residency and deployment details
- Identify the jurisdiction for your case
- File your petition accurately
Divide Military Benefits
Dividing military benefits requires extensive experience and precise calculations. We handle:
- Equitable division of property, even across state lines
- Military pensions, helping you receive what you’re entitled to
- Healthcare benefits, including TRICARE
Negotiate Solutions
We prioritize amicable solutions to avoid unnecessary conflict. Through negotiation, we help:
- Resolve disputes quickly
- Minimize emotional strain
- Save on legal costs
Represent You in Trial
If negotiations fail, we’re prepared to fight for your best interests in court. Our litigation experience protects:
- Your financial assets
- Custody arrangements that prioritize your children's well-being
If your spouse has served you with divorce papers, you have only 35 days to respond. Failing to act can result in a default judgment in favor of your partner.
Contact our Morris County military divorce attorney today to protect your rights before it’s too late.
Why Choose M. Hart Divorce & Family Law to Handle Your Military Divorce
Michele Hart started this firm because she wanted to help families get through difficult times.
Having experienced divorce herself as a child, Michele Hart understands how tough divorce can be on the whole family. She wants to make the divorce process as easy as possible for other families.
How We Approach Military Divorces
- We work hard to find solutions that everyone can agree on.
- Our focus is always on protecting your best interests.
- We always answer your questions and keep you updated on everything that's happening.
- We handle all aspects of your military divorce, from dividing your assets to protecting your rights as a parent.
- Should the need arise to take our case to court, we can fiercely advocate for your best interests.
For over 30 years, we've been helping military families in Morris County get through divorce.
Discover how we’ve made a difference for families like yours:
“Michele is a dedicated professional who went beyond what was necessary to facilitate a very unpleasant divorce between myself and my ex husband. She was available at all times, quick to reply to my questions, and did not cancel court appearances or delay proceedings. I recommend her highly.” Kathleen M
Talk to our military divorce lawyer in Morristown, NJ, today. We know how to protect your best interests.
Contact a Morris County Military Divorce Attorney at M. Hart Divorce & Family Law Today for an Initial Case Review
With over three decades of experience, we understand the unique challenges military families face. Let us protect your and your child’s best interests.
For help from a military divorce attorney in Morris County, contact M. Hart Divorce & Family Law online or call 973-292-9090 today.