New Jersey Military Divorce Lawyer

Military Divorce Attorney in Red Bank Assists Servicemembers or Their Spouses with Navigating Separation and Divorce in Monmouth County, Ocean County, Middlesex County, and Throughout NJ

The divorce rate of couples with one or both spouses in the military has historically remained steady at around three percent, although female servicemembers have a divorce rate nearly triple that of male servicemembers. When one or both spouses serve in the military, divorce may mean complications and obstacles that civilian couples don’t face. You may not know where you should file your divorce complaint, or you and your spouse’s respective rights and obligations regarding military benefits. New Jersey military divorce lawyer Joseph J. Russell can help you understand your legal options and what to expect in a military divorce.

For over a hundred years, our firm has worked hard to provide excellent legal representation to clients and families throughout New Jersey. We have become one of the state’s largest and most historic law firms. Our attorneys have served as leaders in New Jersey’s legal profession, including several justices of the New Jersey Supreme Court and three former NJSBA presidents. Attorney Joseph J. Russell and our family law group have earned numerous awards and recognitions from peer- and client-review publications and organizations.

Contact Joseph J. Russell Divorce & Family Law Attorney, for an initial case evaluation to discuss how a military divorce attorney in Red Bank from our firm can assist you with the divorce process. Let us help guide you through any complications with divorce if you or your spouse serve in the armed forces.

Pursuing a Divorce with a Military Spouse

State law governs divorce, potentially complicating a military couple’s separation since active-duty families frequently move. A military family may seek divorce in the state where the servicemember is stationed, where the non-military spouse lives, or where either spouse claims residency.

In military divorces, courts often offer flexibility to the servicemember spouse, especially when the servicemember deploys to another state or country or their duties interfere with their ability to participate in litigation. Courts may delay the case or permit an active-duty spouse to participate remotely. Legal representation can also protect your interest as a servicemember since your attorney can appear in court.

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  "Joe Russell is an expert in his field! He handles all clients with compassion and professionalism. I have recommended him to many friends and families and they have all raved about their experience working with him."

  Nicole Wasserman-01/15/2023
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Complications in a Military Divorce

Military families may have difficulties resolving outstanding issues in divorce, including equitable division of marital assets and child custody/support. Spouses may disagree over the division of military pension benefits. Non-military spouses have the right to their fair share of pension benefits, and the military can directly transfer benefits for long-duration marriages. However, courts may have limited authority over the servicemember’s pension if the divorce occurs in a state other than the servicemember’s state of residence. Non-military spouses may also have limited rights to continued coverage under military healthcare programs.

Military families can also have trouble reaching a custody arrangement that allows both parents to participate in their children’s lives. Custody agreements or orders should provide flexibility for the active-duty parent and account for the parent’s deployment to other states or countries. Servicemembers should also ensure they have flexibility in support orders since failing to comply may result in court sanctions and potential separation from service.

How Can New Jersey Military Divorce Lawyer Joseph J. Russell Help You Protect Your Family’s Interests?

Whether you or your spouse serves in the military, a military divorce attorney in Red Bank from our firm can help you advocate for your rights and pursue your legal options in divorce. Trust us to help you secure the best possible outcome for your case by:

• Helping you gather documents and information in preparation for divorce litigation
• Discussing your legal rights and options in a military divorce whether you or your spouse serve in the armed forces
• Protecting your interests, including petitioning for a stay of your case if you have been deployed on active duty
• Reviewing the divorce complaint and other court filings to begin preparing a case strategy
• Discussing your goals, needs, and concerns to ensure we pursue the outcome you want in your divorce
• Negotiating on your behalf to try to secure a fair and flexible agreement with your spouse, especially if you serve and regularly deploy to different states or countries
• Advocating your case in court if you need to litigate outstanding issues in your divorce
• Defending your rights and interests if you cannot meet alimony, child support, and child custody obligations due to your military duties

With years of experience handling complex divorce and domestic matters, our family law group can provide you with the advice and advocacy you need to navigate the issues that may arise in your military divorce.

Contact Joseph J. Russell Divorce & Family Law Attorney, to Discuss Your Legal Options

Contact New Jersey military divorce lawyer Joseph J. Russell for an initial consultation to learn more about the divorce process if you and/or your spouse serve in the military. Our firm can help guide you through the complications and difficulties you may face. Let us fight to protect your rights and interests.

Frequently Asked Questions About Military Divorce in New Jersey