Do you need help getting through a military divorce in Chicago, IL? KHK Family Law & Divorce Attorneys are here to represent you. Contact our law firm to schedule a free consultation at 312-702-0068 with a Chicago mIlitary divorce Lawyer to discuss your case.
Whether you are in the military or are a military spouse, going through a military divorce can be challenging. These divorces involve complicated issues. Our lawyers at KHK Family Law & Divorce Attorneys have 68 years of combined experience handling complex divorce cases and can represent you effectively.
Civilian and military divorces have many common elements. You still need to file for divorce and resolve issues related to property rights, child custody, and domestic support. While Illinois divorce laws largely govern issues such as child custody, child support, and spousal support, some issues may also involve complicated federal laws and rules.
Reach out our Chicago, IL offices today to get started!
How KHK Family Law & Divorce Attorneys Can Help You With a Military Divorce in Chicago
It is essential for military members and their spouses to work with a Chicago divorce lawyer with experience handling these specific matters. Beyond the standard divorce issues, military service results in some unique issues that may complicate the proceedings. At KHK Family Law & Divorce Attorneys, our Chicago military divorce lawyers are prepared to handle these issues head-on.
When you hire our Chicago family and divorce lawyers, we are ready to put your best interests first. To do that, our lawyers will:
- Conduct a comprehensive review of your case
- Explain military divorces and how federal and state laws impact your divorce
- Investigate the matters involved in your case, including allegations of parental alienation, hidden assets, domestic violence, and more
- Handling all military divorce paperwork
- Represent you during settlement negotiations and aggressively negotiate for fair terms
- Work with you to develop a child custody agreement and visitation schedule that protects your parental rights and your children’s well-being
- Fight to obtain a fair share of marital assets, including retirement and spousal support
- Hire expert witnesses as necessary to gather additional evidence to support your position
- Fiercely argue your case at trial if necessary to achieve the best possible outcome
Contact KHK Family Law & Divorce Attorneys today to schedule a consultation with a military divorce lawyer in Chicago, IL.
What Are the Grounds for a Military Divorce in Chicago, IL?
The only grounds for divorce in Illinois are irreconcilable differences. These “no-fault” divorce grounds apply to civilian and military divorces.
A spouse files for divorce, claiming that irreconcilable differences have led to the breakdown of the marriage. Attempts at marital reconciliation have not been successful, and continuing attempts to reconcile is not in the best interests of the spouses and the children.
Are There Residency Requirements for a Military Divorce in Illinois?
The Illinois Marriage and Dissolution of Marriage Act requires that one spouse reside in the state for at least 90 consecutive days before filing for divorce. Generally, a member of the military can file for divorce in the state where the service member is stationed, where the non-military member resides, or whether the member claims legal residency. Therefore, if any of the above situations apply and you meet the 90-day residency requirement, you can file for a military divorce in Illinois.
It is important to note that the Service Members Civil Relief Act protects military members who are served divorce papers while on active duty. The court will not hold the member in default if they do not respond to the divorce petition by the deadline because they are on active duty. The Act gives a military member 60 days to respond to the divorce papers once active duty ends.
How Is Child Custody Handled in a Military Divorce in Illinois?
Child custody is based on the best interests of the child in Illinois. That is the same whether the parents are civilians or members of the military. A judge considers the same factors for child custody in a military divorce. Factors the court considers in child custody cases include, but are not limited to:
- The ability of parents to care for the needs of their children
- The child’s wishes if the child has the maturity to express a reasonable preference for custody
- The mental and physical health of the parents and the children
- The wishes of the parents for custody
- The needs of the child
- How well the child is adjusted to their home, school, and community
- The role each parent has played in the decisions concerning the children
- The distance between the parents’ homes
- The ability and willingness of each parent to foster a relationship between the children and the other parent
- Other factors the court deems relevant to deciding a child’s best interest
However, the law further protects military parents. A spouse cannot use military service against the other parent.
The court may grant custody to the non-military parent if the service member is deployed. However, parenting plans must provide for continued contact between the child and a military parent when the parent is deployed. The military parent may designate an extended family member to exercise visitation time while deployed if the court deems that is in the child’s best interest.
When the military parent returns from deployment, the court may modify the custody arrangement to ensure the military parent plays an active role in the child’s life. Our Chicago military divorce lawyers work with you to develop a parenting plan and visitation schedule that is in your child’s best interest while protecting your parental rights.
How Is Child Support and Alimony Handled in a Chicago Military Divorce?
Being in the military does not exempt a spouse from paying domestic support. A parent continues to be responsible for child support. A military member may have to pay alimony to their spouse. The court generally uses the same alimony and child support guidelines for military divorce as it does for civilian divorces.
The primary difference is determining what military pay is included in the child support and alimony calculations. Generally, military pay used to calculate support payments includes:
- The member’s base pay
- Drill pay
- Basic allowance for subsistence
- Housing allowance
Our Chicago military divorce attorneys understand how to calculate support payments based on military pay. We work to obtain a support order that ensures you pay or receive the correct amounts for alimony and child support.
How Is Property Division Different in a Military Divorce in Illinois?
Illinois is an equitable distribution state. Marital assets are divided based on what is fair, which may not be an equal split. The court considers several factors when deciding what is fair, including:
- The duration of the marriage
- The spouses’ economic circumstances
- Tax consequences
- Child custody arrangements
- Resources and earning capacity
- Each spouse’s contributions to the marital estate
- Each party’s age, health condition, liabilities, needs, and income
- If either spouse receives alimony or child support from a prior marriage
- The value of the property assigned to each spouse
- Prenuptial and postnuptial agreements
The same property division rules apply in a military divorce, with a few exceptions for military retirement. The Uniformed Services Former Spouses Protection Act gives states jurisdiction to divide military retirement in a divorce. However, the law does not automatically give a spouse an interest in military retirement. The state court must find that military retirement is subject to property division.
The “10-year rule” permits direct payments of military retirement from the Defense Finance and Accounting Service to a non-military spouse if the couple was married for at least 10 years, during which the service member performed at least 10 years of service. However, the “10-year rule” only applies to whether direct payments can be made, not whether a court can order the division of military retirement.
The 20/20/20 rule refers to benefits a non-military spouse may receive if the marriage lasted at least 20 years and the service member has at least 20 creditable years of service. If the marriage has at least a 20-year overlap with military service, the non-military spouse may retain medical care benefits, commissary, and exchange privileges.
Our Chicago military divorce lawyers fight for your fair share of marital assets and military retirement. We negotiate settlements when possible and fight in court when necessary.
Schedule a Free Consultation With Our Chicago Military Divorce Attorneys
Whether you are a service member or a military spouse, it is important to discuss your situation with a Chicago military divorce lawyer before taking any action. Speaking with an attorney as soon as you know you might be involved in a military divorce gives you an advantage. A military divorce lawyer helps you understand the issues involved in a military divorce so you are prepared to address them in a way that works best for you.
Contact us today to schedule a consultation with our Chicago military divorce attorneys.
Visit Our Divorce & Family Law Office in Chicago, IL
KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St Ste 400, Chicago, IL 60602, United States
(312) 702-0068