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The Divorce Process as a Military Member | What to Know

Divorcing as a military member is a bit different than a divorce as a civilian. To learn more about these nuances, continue reading and reach out to our skilled Morris County NJ divorce attorneys. Our legal team is on your side each step of the way. All you have to do is give us a call.

How do I get a divorce as a military member?

In a regular civilian divorce, the start of the process is meeting the residency requirement. As expected, this step is not as easy for service members because they are constantly traveling for work. Because of this, the courts permit the spouses of service members to file for divorce in three different ways: in the state where the couple has legal residency, the state where the military member is stationed, or the state where the military member asserts legal residency.

Can military members be served divorce papers?

Essentially, there is a selected individual at most military bases to serve as a law enforcement officer. This role allows them to manage any legal issues on the base. In this circumstance, this individual can serve the divorce papers to a military member. But, it is critical to understand that service members are not necessarily instructed to accept the serve. Rather, they can order a “stay” on the divorce. While this can extend the process, it does not stop it. It merely puts the process on hold until they can return from their service.

Are military divorces subject to default judgment?

In the event that two civilians divorce, both spouses are required to attend a number of different meetings and court appearances. If a spouse fails to attend these hearings, it can result in a default judgment. This is ultimately the dissolution of the marriage. During a military divorce, a service member evidently may not be able to attend these dates. It is because of this that military divorces are not subject to a default judgment. Because of this, military spouses may not conclude the process of their divorce until both parties are present or the service member has legal support to perform on their behalf.

To learn more about military divorces, do not wait to reach out to our firm today. Our legal team is on your side. Give us a call to get started.


At Townsend, Tomaio & Newmark, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow. If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.