Military Divorce in New Jersey – Understanding the Basics – Part 1
Simon Law Group – Advocates for Military Families
Divorce is never easy, but when one or both spouses serve in the military, it adds a layer of complexity that civilian families don’t have to face. At Simon Law Group, we’re proud to support New Jersey’s military families through the divorce process—helping you understand your rights, navigate unique legal challenges, and protect your future.
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.
Getting this right is crucial. If jurisdiction isn’t properly established, the court can’t issue valid orders related to child custody, support, or asset division.
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.
➡️ At Simon Law Group, we help both service members and civilian spouses navigate the procedural hurdles of military divorce with clarity and compassion.
Contact us today 800-709-1131 to schedule your free consultation or text us below and we’ll get back to you.
