Military Divorce Attorney
Special rules and regulations apply to a military divorce with separate and distinct laws governing the division of military retirement pay when either you or your spouse are members of the armed services. If you or your spouse serve in the armed forces and are considering divorce, you need a military divorce attorney who understands the process and accompanying rules regarding divorce involving soldiers.
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.
Learn more from our articles on special rules applying to divorce of military service members with the results that you desire.
Special Rules Apply to Your Military Divorce
The Uniformed Services Former Spouses Protection Act (USFSPA) outlines the specific rules applying to issues that arise during the divorce of a military service member and their spouse. Issues addressed include the spouse of the service member’s eligibility for continued commissary, healthcare benefits, and one of the largest assets in the military divorce, the service members retirement pension. The former spouse of a service member is not automatically eligible to a portion of the military retirement pension under the USFSPA, this must be determined and ordered during the divorce.
This is why it is vitally important to speak with your military divorce lawyer early in the process to understand your rights and obligations.
Deciding which state to file your divorce in could have the greatest impact on your settlement as that state will have jurisdiction, in addition to adhering to special military rules. Some military members decide to file in the state they are stationed in rather than the state they pay taxes in. It is important to speak with your military divorce attorney to understand the implications of your decisions.
Top Military Divorce Attorneys to Help with Your Military Divorce
As top military divorce attorneys in Illinois, you can count on Anderson & Boback to navigate the complexities of a military divorce. We are here to fight for your rights while you are busy fighting for the rights and freedoms of all Americans. A divorce is an emotional and stressful time for anyone, soldiers and their spouses experience additional stresses and pressures. Contact an experienced military divorce lawyer to provide answers to your questions and help to relieve stress and uncertainty.
If spousal maintenance or child support is a factor in your divorce, the division of military pension is also governed under a separate and unique set of laws. While child support guidelines for the state of Illinois are generally followed for a military divorce, our family law attorneys are experienced with both the laws governing divorce in the state of Illinois and special circumstances applying to those in the military.
We help you navigate through the divorce and explain the process to you, helping you to understand your unique circumstances. Anderson & Boback will work with you to develop a plan to make the best decisions for your family going forward.