The Law Office of Christina Martell

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What Issues Are Involved in an Illinois Military Divorce?

Posted on in Divorce

Naperville military divorce attorney

Going through a divorce is never an easy task. Emotions are high, marital assets must be divided equally, and financial instability can cause issues. When one or both spouses are members of the military, things can become even more complicated. Fortunately, you have options to protect you, your rights, and your responsibilities. If you or your spouse is an active member of the military and are seeking a divorce, it is important to contact a skilled legal professional to help navigate your case. 

Waiting Period

Members of the military, especially those overseas, are subject to safeguard under the Servicemembers Civil Relief Act (SCRA). The SCRA provides legal and financial protection against all non-criminal judicial proceedings such as legal contracts, health insurance, power of attorney, and divorce. Within a divorce, the SCRA allows any proceedings against an active service member to be paused until they are off duty. Because of this, your divorce proceeding may be delayed.

The Allocation of Parental Responsibilities 

Since your divorce proceeding may be delayed, the court may not issue the allocation of parental responsibilities in a timely manner. However, the court is aware your child’s well-being is the sole focus of your custody battle and may issue a temporary order until you or your spouse are able to discuss the elements involving a permanent resolution. This provides short-term stability in an unstable situation and prevents the military member from abusing the SCRA.  

Asset Division is Different

As stated within the Uniformed Services Former Spouse Protection Act (USFSPA), an individual’s military pension is considered marital property and must be divided equally during a divorce. However, the Department of Defense will not make direct payments of pension benefits to the ex-spouse unless the duration of the marriage has lasted 10 or more years. The amount given is on an individual divorce case basis but will be split nonetheless.

Contact a West Chicago Divorce Attorney 

Do not go through your divorce alone; contact a skilled Cook County divorce lawyer from the Law Office of Christina Martell. Chrissie is well-versed in protecting your rights and responsibilities no matter how complex your divorce may seem. Call our office today at 630-717-2772 to schedule a personalized appointment. We offer $100 consultations, which can be applied to your account upon hiring an attorney from our firm.



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