Military Divorce Lawyers in Downers Grove

Going through a divorce process can be a difficult and stressful time in your life. But if you or your spouse is a servicemember, navigating a military divorce can come with additional circumstances and unique considerations. Unfortunately, disregarding the unique distinctions of a military divorce can prolong the divorce process and even cost you money.

Fortunately, with an experienced military divorce attorney on your side, you can navigate the military divorce process with ease while protecting your rights. Our team at Buchanan Law Group would be happy to assist you whether you and your spouse are both servicemembers, your spouse is a servicemember, or you are a servicemember. Contact us today for a free consultation at 630-866-8303.

Which Special Rules Apply to a Military Divorce Process?

When pursuing spousal separation or divorce, there are a few unique features of a military divorce to be aware of. These features can complicate military divorces and asset division, so having an experienced attorney on your side is essential to ensure you understand each point’s complexities.

Some unique considerations that differentiate a military divorce include:

Extra Time

In most cases, a divorce proceeding starts with one spouse filing for divorce in court. Then, the other spouse only has 30 days to answer before the divorce is automatically granted and all terms in the divorce petition are given. However, the courts recognize that active-duty military members could be deployed during the divorce proceedings.

Because of this, military members have 60 days from the time they are back home to respond to a divorce petition. Sometimes, divorce proceedings can be extended longer if the military servicemember requires it. And if the active duty spouse is deployed but does not wish to wait, they can waive their rights and respond while deployed, even if they are overseas.

Shortened Residency

In most states, the law requires either spouse to be a state resident for at least 90 days before filing for divorce. However, the courts recognize that military families may move around more than civilian families do. In a military divorce, you simply need to be stationed in the state for at least 90 days before either spouse can file for divorce.

Asset Division

Like in a civilian divorce, in a military divorce, the courts will examine each party’s income and assets during the divorce process. However, military members may receive military benefits that are not strictly income, like housing.

A divorce attorney on our team can analyze a Leave and Earnings Statement (LES) and factor that into the divorce proceedings when deciding how to split up assets. Similarly, retirement pay and pensions can be considered marital property and may need to be divided during a divorce.

However, dividing a pension as a military member or military spouse is one of the most complicated aspects of divorce. Our team can review your case and ensure that the division is just and fair.

In addition to these tangible assets, military spouses may also be entitled to certain benefits and considerations unique to military divorces.

For example, healthcare benefits through TRICARE might continue for a former spouse under specific conditions, often linked to the length of the marriage and the service member’s active duty status.

Furthermore, access to commissary and exchange privileges can be extended to the former spouse if they meet the criteria set by the 20/20/20 rule, which requires 20 years of marriage overlapping with 20 years of military service.

Spousal support, also known as alimony, can be influenced by the military member’s income, which includes base pay, allowances, and other military benefits. This makes calculating ongoing support more complex than in civilian divorces, as some military allowances are non-taxable and must be factored into the financial considerations.

It’s also important to recognize that the division of military retirement pay is governed by the Uniformed Services Former Spouses Protection Act (USFSPA), which allows state courts to treat military retirement pay as marital property subject to division. However, the division is not automatic; it must be specifically addressed and ordered in the divorce decree.

Because military divorces involve federal laws alongside state regulations, the legal landscape can be intricate. Factors such as the service member’s deployment status, legal residency, and military duties can all impact the divorce proceedings and settlement outcomes. For instance, the Servicemembers Civil Relief Act (SCRA) provides protections that may delay divorce proceedings if the service member is deployed or otherwise unable to participate.

Given these complexities involved, having an experienced military divorce lawyer is crucial. They can guide you through the process, help protect your rights, and ensure that both marital assets and military benefits are fairly addressed. Whether you are the military spouse or the non-military spouse, understanding your entitlements and obligations is essential to achieving a fair divorce settlement.

How Are Military Pensions Divided in a Divorce?

Military pensions are treated as assets that can be divided during divorce. Under the Uniformed Services Former Spouses Protection Act, a former spouse can continue collecting pension money well after divorce. Ex-spouses may even be able to receive pension money as a direct payment from the military.

Generally, former spouses are entitled to any pension money accrued during the marriage because it is considered marital property. However, this is not always the case and can depend on the length of the marriage and the length of active duty of the service member.

What is the 20/20/20 Rule?

The 20/20/20 rule relates to military benefits that a former spouse can receive. In most cases, if the marriage lasted 20 years or longer, the servicemember has 20 years or more of service, and there are at least 20 years of overlap, then the former spouse can receive military benefits for a lifetime. If there are only 15 years of overlap, the former spouse can receive benefits for one year.

Similarly, the 10/10 rule determines how an ex-spouse can receive pension money after it is determined they are eligible for it. If the marriage lasted 10 years and the servicemember accrued 10 years of credible active service during that time, then the former spouse can collect payment directly from the Defense Finance and Account Service (DFAS).

Should I Hire an Illinois Military Divorce Lawyer?

Divorce proceedings can be difficult and time-consuming. A military divorce has many more rules and regulations, and splitting marital property can quickly become complicated. If you and your spouse are ending your marriage, don’t hesitate to contact a professional today.

Our team of experienced divorce attorneys is here to help you expedite the divorce process to close this chapter of your life and move on. Call The Law Offices of Robert B. Buchanan at 630-866-8303 for a free consultation and to learn more about our services.

Why Choose a Military Divorce Lawyer?

Military divorces involve unique legal complexities that differ significantly from civilian divorces. These include special federal laws like the Uniformed Services Former Spouses Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA), which provide protections and guidelines specific to military personnel. An attorney experienced in military family law understands these laws and can navigate the challenges related to military retirement pay, benefits, and jurisdictional issues.

Navigating the Complexities of Military Divorce

Military service members often face challenges such as deployment, frequent relocations, and service obligations that can complicate the divorce process. A knowledgeable military divorce lawyer can help manage these complexities by ensuring that divorce papers are properly served, even if a spouse is stationed overseas, and by advising on how military allowances and benefits affect property division and spousal maintenance.

Protecting Your Rights and Interests

Working with a military divorce attorney ensures that your rights as either the service member or the non-military spouse are protected throughout the legal process. Whether it’s securing a fair division of military retirement benefits, addressing child custody arrangements that accommodate deployment schedules, or understanding how federal law impacts your case, an experienced lawyer can provide strategic guidance and advocacy.

Ensuring Fair Child Custody and Support Arrangements

Child custody and support can be particularly complex in military divorces due to the potential for deployment and relocation. A skilled attorney can assist in crafting flexible parenting plans that consider the realities of military life, ensuring the best interests of the child are prioritized while accommodating the service member’s duties.

Contact Us for Expert Chicago Military Divorce Assistance

If you or your spouse are active duty members, veterans, or reservists, it is crucial to work with a law firm that has a deep understanding of military divorce law and the unique challenges involved. Contact The Law Offices of Robert B. Buchanan today to schedule a consultation and receive the dedicated support you need during this difficult time.