Because military service can involve frequent moves from state to state as well as temporary moves out of the United States, residency requirements for the purpose of filing for divorce are more lenient. Under current rules, a service member or spouse may choose to file a complaint for divorce in one of three places:
- The state where the spouse resides – for example, New Jersey if the spouse is a legal resident.
- The state where the service member claims legal residence.
- The state where the service member is stationed.
If custody-related issues are present in your divorce, be aware that children must generally reside in a state for at least six months before the state court can issue custody and parenting time orders.
Bari Zell Weinberger is the owner and managing partner of Weinberger Divorce & Family Law Group in New Jersey. She is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney.