Military Divorce in New Jersey -- Understanding the Basics (Part 1)
You or your spouse wears the uniform, and the marriage is ending. A military divorce in New Jersey moves through the same Family Part as any civilian case, but deployments, relocations, and federal protections change the rules at nearly every step -- starting with where you can file and how divorce papers get served. This four-part series walks NJ military families through the process, beginning with the basics.
Jurisdiction and Residency Requirements
Military families often relocate, which makes establishing the proper jurisdiction for filing a divorce more complicated. In New Jersey, either spouse must be a resident for at least one year before filing. However, if a service member is stationed in New Jersey, that also satisfies the requirement--even if they aren’t a permanent resident.
Serving Divorce Papers to an Active-Duty Service Member
If your spouse is on active duty, you can’t proceed as if it’s a standard divorce. The Servicemembers Civil Relief Act (SCRA) protects military members from default judgments and gives them the right to delay court proceedings during active service. This ensures they aren’t penalized for their military commitments--and it can significantly affect the divorce timeline.