The term "military divorce" is simply a legal term used if at least one spouse is a military member. There are some unique issues you need to consider when getting a divorce while you or your spouse are serving in the military. Military divorces are handled as civil matters and in civilian courts.
It's important to be aware of the problems that often arise in military divorces and how to resolve them effectively. An experienced divorce lawyer in Belleville, Illinois can help you sort out any complications you may have pertaining to your divorce. Here's what you should know.
Common issues that arise from a military divorce
Some of the most common issues that arise in military divorces include:
- Parenting plans and child custody for active military personnel deployed abroad
- Child custody, child support and parenting plans for military personnel transferred to other military bases
- Alimony and spousal maintenance payments for:
- Disabled military personnel receiving disability benefits
- Retired military personnel receiving a military pension
- Military divorce tax implications
- Protection of active-duty military personnel overseas under the Soldiers and Sailors Civil Relief Act. For example, you can't file for a divorce while your spouse is on active duty unless the limitations are waived by your spouse
Where can I file a military divorce?
Filing a military divorce can be tricky when active military personnel move to different locations, even overseas. In order to legally file a divorce in Illinois, you must have been a resident for at least 90 days. If you're active duty and serving overseas, and you decide to file for a divorce, your divorce may not be recognized in the United States. This can be especially difficult when children are involved and custody matters are resolved in specific jurisdictions. In addition, many states divide assets and property differently in military divorces.
Why hire an Illinois divorce lawyer?
Hiring a divorce lawyer is not easy. That's why it's important that you consult with an attorney who will put your needs first. The attorneys at Courtney Clark Law P.C. have been handling divorce cases in Illinois for more than 40 years. If you and your spouse have agreed to proceed with your divorce, we can educate you on your rights and help you through the process during a free and confidential case evaluation.
Our legal team knows how complex military divorces are, but we can help make the process more efficient. We have a wealth of knowledge pertaining to divorce, marital property division, child custody and child support, alimony and other issues pertaining to a military divorce. We will work with you every step of the way. Contact our law firm online or call our Belleville office for more information.