Military divorces involve unique considerations, particularly when it comes to residency requirements.
In New Jersey, specific rules ensure the courts have jurisdiction over the case.
Establishing residency in New Jersey
For a military divorce in New Jersey, at least one spouse must meet the residency requirements. Either the service member or their spouse must have been a bona fide resident of New Jersey for at least 12 consecutive months before filing. A bona fide resident is someone who lives in the state and intends to make it their permanent home.
Stationed in New Jersey
Service members stationed in New Jersey may also qualify to file for divorce in the state. Courts recognize a service member’s military installation as their place of residence for legal purposes. Even if the service member maintains another state as their domicile, being stationed in New Jersey allows them to meet the residency criteria for filing.
Federal protections for military divorces
Federal laws, like the Servicemembers Civil Relief Act (SCRA), protect active-duty service members in divorce cases. These laws ensure that service members are not unfairly disadvantaged due to their military obligations. However, these federal protections do not override New Jersey’s residency requirements.
Filing in the proper jurisdiction
Filing for a military divorce in New Jersey requires determining the appropriate jurisdiction. Jurisdiction depends on the county where the resident spouse lives or where the service member is stationed. Ensuring the correct jurisdiction is necessary for the court to process the case efficiently.
Moving forward with confidence
Understanding New Jersey’s residency requirements helps streamline the military divorce process. Verifying eligibility upfront can make the process more manageable for both parties involved.The post Are there residency requirements for filing a military divorce? first appeared on The Law Offices of Stephen R. Piper, LLC.
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