Military Divorce

Military Divorce

Attorney Sean Robertson and Gateville Law Firm focuses on military divorces. These divorces come along with a unique set of challenges.  The Soldiers and Sailors Civil Relief Act enables a court in Illinois to postpone divorce proceedings due to a service commitment of one spouse. This Act allows an active duty spouse to delay divorce proceedings until they return home from deployment.  This Act does allow temporary orders involving children, and aims to provide stability for children. An Illinois Court may temporarily delay court proceedings because the Act is intending to protect military spouses from divorce proceedings while they are on active duty.

Residency Requirements and Filing Restrictions

Illinois divorce law requires that one spouse resides in the State of Illinois for a minimum of 90 days; or in the alternative, residency is established by a spouse stationed in Illinois for 90 days. Military service of process requires an understanding of divorce procedures.

Property Division in Illinois Divorce Cases

Marital asset division in military divorces is complex. The Uniform Services Former Spouses Protection Act(USFSPA) limits a spouse’s right to a military member’s government pension and other benefits. Under USFSPA, the divorcing military spouse has a strict eligibility time standard.

Child Support and Child Visitation Guidelines

An Illinois divorce involves negotiations of child support, a division of assets and liabilities, and parenting plans. Working with an experienced child support and divorce lawyers is beneficial in the case of military divorces. A divorce is a complex process, and an experienced attorney is an asset. These divorces require a solid understanding of military protection acts and issues such as child support, child visitation, and and parental allocation of parental rights. Parental responsibilities unique for military members, as they may be subject to active duty.  Furthermore, parenting time negotiations are more complicated due to infrequent or out-of-state parenting issues.