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October 2021


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Military Families and Divorce

Divorce is difficult for all families, but especially trying for military families. The issues are compounded when the civilian spouse of an active duty service member does not work or lives on base. If the plaintiff spouse files for divorce, she does not have to move off of military housing until the divorce is final. In addition, if they share children together, the civilian spouse may be eligible for temporary spousal support (alimony) and child support after they file for legal separation or absolute divorce. In addition, there are specific conditions that must be met for a divorce to proceed in a New Jersey family court if one party is active-duty. There are additional process of service requirements to be met pursuant to SCRA, the Servicemembers Civil Relief Act.

What is the UCMJ?

The UCMJ is an acronym for Uniform Code of Military Justice. It is the code for all military law including consequences for active service members who engage in adultery. The UCMJ article for adultery is Article 134. This article includes disorder or neglect that adversely affects the service member’s character. If the service member is accused of adultery, they cannot state that a physical separation or distance is a valid excuse. The parties must be legally separated for the service member to withstand accusation under Article 134. Service members can also be punished under this article if they engage in an affair with a married service member and were aware of the legal marriage when they entered into the extramarital relationship. This means if you know your military spouse is cheating, it can impact the trajectory of your divorce and their service or employment.

Contact Our Family Law Attorneys at Eveland & Foster

If you or someone you know is contemplating divorce to a service member, it is understandable to be confused. There are specific procedural rules you must follow to ensure the military spouse is properly served and has adequate time to attend a hearing. Your case might be delayed, but you still deserve to end the marriage if that is your choice. It is important to hire attorneys who understand the mechanics of a military divorce and can help you to expedite the process. Our lawyers at Eveland & Foster only practice family law and can assist you each step of the way. Contact us today to schedule a consultation.

Disclaimer: This website and information presented are for the purposes of legal marketing and general education. No part of this site should be construed as legal advice. Please consult with an attorney regarding your specific situation. Please do not submit any confidential personal information through this website either by email contact form or chat. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. We welcome your inquiries and offer consultations, however neither contacting our firm nor receiving a consultation establishes an attorney-client relationship.

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