The Military Divorce Process
Divorce Lawyer Bloomington IL
If you and/or spouse is active military and wish to terminate your marriage, it’s important to work with a divorce attorney who has experience and a depth of knowledge about case law and state statutes. It’s also important for your divorce attorney to have a thorough understanding of how military service regulations can affect the legal process for divorces. Learn more about how our divorce attorney at Pioletti Pioletti & Nichols may be able to help you.
In Illinois, at least one of the spouses has to have lived in the state for a minimum number of days before filing for divorce. Your Bloomington IL divorce attorney from Pioletti Pioletti & Nichols can determine if you meet this criteria because you may not have been required to be physically in the state. For example, you may still qualify even though you were stationed in another location during that time period. Some of the factors that the divorce court judge may consider include the following:
- In which state was the military spouse previously stationed before transferring to Illinois?
- Did the military spouse buy a home in Illinois or a different state?
- In which state has the military spouse previously resided?
- In which state does the military spouse claim as their Home of Record? Is this reflected on their leave and earnings statements?
- Does the military spouse intend to permanently reside in Illinois?
Dividing the Married Couple’s Assets
When dividing a couple’s assets during the divorce action, the division of military benefits can be a hotly-contested issue. Generally speaking, the property that each spouse acquired before the marriage is automatically considered theirs after the marriage is over. However, there are exceptions to this rule and it’s important to understand if and how those exceptions might affect your situation. Your divorce attorney from Pioletti Pioletti & Nichols can review your circumstances and provide you with specific information based on your scenario.
Division of Retirement Pay
Another consideration is the division of a military spouse’s retirement pay can require its own set of legalities. Though the spouse’s military retirement benefits might be considered as marital property and distributed as such, your divorce attorney can notify you if it’s also subject to rules under the Uniformed Services Former Spouses’ Protection Act (USFSPA). In fact, the USFSPA will supersede state law.
Scheduling Parenting Time with Children
Each parent can expect to receive a fair and reasonable amount of time with their child. Exceptions to this occur when the court determines that one (or both) parents might endanger the emotional or physical safety of the child. Complications of this basic premise can arise if one or both parents is deployed some distance from the child’s primary residence. If this describes your current or impending situation, talk to your divorce attorney about how this might affect the child custody and parenting time agreement.
Protect Your Rights
If you and/or your spouse are active or retired service personnel, this may affect the legal process for your divorce. Contact us at Pioletti Pioletti & Nichols to request a free consultation with a divorce lawyer Bloomington IL clients recommend who can provide you with the information you need to decide how to proceed.