Military Divorce Attorneys in Chicago, Illinois

  1. When property is divided in a divorce, and one or both spouses are in the military, the same rules apply to non-military spouses. But there is an exception. The Uniformed Services Former Spouse Protection Act details how military retirement pay is divided in a divorce. In most cases, the former military spouse only gets part of the spouse’s military retirement pay. In addition, you must have been married for at least 10 years, and the spouse must have been on active duty during the marriage. If the 10-year requirement is met, the military will send part of the member’s retirement pay to the spouse. If the 10-year rule is unmet, the military is not involved in the situation and will send full retirement pay to the military member. Another issue is military benefits, such as Tricare insurance. The spouse may want this insurance to continue after the divorce, but for this to happen, the spouses must have been married for at least 20 years of the member’s time in the military.

  2. While military divorces are similar to civilian divorces, you must consider some special rules and regulations while going through the process. Not understanding these unique features can prolong the divorce process and cost you money. Fortunately, an experienced divorce attorney on our team can guide you through these features to ensure the process goes smoothly and quickly.

  3. Outside pressures in life can often affect our most intimate relationships. Few people have more outside pressures than the members of our nation’s military. Members of the military have special responsibilities to our society and our society, in turn, creates special rules for the military’s members even when dealing with personal family relationships like divorce. So, how does a military divorce work in Illinois?

  4. Men and women serving in the military play a vital role in protecting our country every single day. On behalf of our Team at The Law Office of Tiffany M. Hughes, we want to thank all active duty, enlisted, non-active duty and veterans in all of the United States military branches for their service and defending our Nation. The Law Office of Tiffany M. Hughes has been representing all military members for almost a decade. We have the upmost pride and vast experience in doing so. We are dedicated to helping all members of the military through all aspects and stages of the divorce process, as well as all family law matters in Illinois.

  5. Men and women serving in the military perform a vital role for the country, allowing those of us not in the military to live our lives safely and comfortably. Because of this, Illinois, like many other states, protects military men and women from being “defaulted” by not filing an appearance or a response to a Petition for Dissolution of Marriage because they are on active duty. There exist many rules and regulations that must be followed for military members when deciding to move forward with a divorce in Illinois—the Law Office of Nicholas Baker knows how to properly navigate these rules to make your divorce process as smoothly as possible.

  6. One of the most challenging aspects of a military divorce is dealing with military pensions. Under Illinois law, retirement accounts and pensions may be classified as marital property and be subject to the property division process. The Uniformed Services Former Spouses’ Protection Act (USFSPA) deals directly with military pensions and is an important piece of legislation that provides guidance on how the former spouses of military service members can receive their portion of their ex’s military pension.

  7. While the same requirements for at least 90 days of residency in Illinois apply to a military divorce, active duty spouses are granted legal protection during the time of active service. An Illinois court may postpone divorce proceedings under the Soldiers and Sailors Civil Relief Act while the service member is away on active duty and up to 60 days after active duty ends.

  8. The phrase “military divorce” refers to a divorce where at least one of the spouses is a military servicemember. There is not a different legal process for the spouses to go through, however. Proceedings do not occur on a military base or under military law, and servicemembers do not get a lawyer provided to them by the military. Instead, the divorce petition will be filed in an Illinois county court using the same process, rules and laws for other divorce cases. The same grounds for dissolution of marriage apply (irreconcilable differences), and the same issues must be resolved before a divorce can be granted (division of marital property, alimony/maintenance, child custody, child support).

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