Joliet, IL Military Divorce Attorneys

Experienced Lawyers Helping Military Members and Their Spouses Address Divorce-Related Issues in Joliet, Illinois

The process of divorce can be complex for anyone, but when one or both spouses are members of the military, there are unique legal and practical challenges that may need to be addressed. Active duty members of the military and their spouses may encounter issues related to military service, including how deployments, military benefits, and other factors affect divorce proceedings.

At Jordan Steele & Associates, LLC, we have experience representing clients in military divorces. We understand the importance of addressing legal and financial concerns correctly in these cases, ensuring that a family will be able to move forward and succeed after a divorce has been finalized.

Rights of Active Duty Military Members in Divorce

If a military member is on active duty or deployed at the time their spouse files for divorce, they have certain legal protections under the Servicemembers Civil Relief Act (SCRA). This federal law addresses the following:

• Delay of Proceedings: If a military member is on active duty or deployed, they may request a delay or postponement of the divorce proceedings. This delay, which will typically last for up to 90 days, allows the service member time to return home or attend to their duties without being overwhelmed by the legal concerns that they will need to address. If the military member is unable to attend court due to deployment, the court can grant them an extension.
• Default Judgments: The SCRA prevents a court from entering a default judgment against an active duty military member if they are unable to attend divorce proceedings. The military member must be given an opportunity to participate in the divorce process.

If a spouse is deployed, they may face difficulties in communicating and negotiating a divorce settlement, which could affect their ability to address issues like child custody, property division, and spousal support. By understanding their rights under the SCRA and working with an attorney who is familiar with these protections, a person can ensure that they will be able to complete their divorce successfully.

Unique Issues in Military Divorces

Careful legal planning and consideration may be necessary to ensure that military families can address divorce-related issues correctly. At Jordan Steele & Associates, LLC, our attorneys can help our clients determine how to handle issues such as:

Child Custody and Parenting Time During Deployment

Some of the most significant challenges that military families may face will be related to how a parent's deployments or frequent relocations will affect child custody and parenting time arrangements. In Illinois, the primary concern when making decisions related to child custody is the best interest of the child.

A military parent may be required to be deployed for extended periods, and they may be unable to maintain consistent parenting time when serving overseas or in other locations throughout the United States. In these cases, the court may adjust the parenting time schedule to accommodate the service member's deployment schedule, creating flexible plans that will allow a parent to spend reasonable amounts of time with their children and communicate with them regularly.

Military members should be aware that custody and parenting time orders may need to be modified frequently based on deployments or relocations. Our lawyers can help ensure that parenting plans are flexible and that they reflect the realities of military life.

Military Benefits and Division of Property

One of the most important issues to address in a military divorce is how military benefits will be divided. Military members are entitled to various benefits, including retirement pay, health insurance, and other allowances. These benefits can have significant financial value, and it is essential to understand how they are treated during a divorce. A couple may need to address issues such as:

• Military Retirement Pay: When a spouse earned military retirement benefits during their marriage, these benefits will typically be considered a marital asset that may be divided during a divorce. The Uniformed Services Former Spouses' Protection Act (USFSPA) allows an ex-spouse to receive a portion of the service member's retirement pay. The division of military retirement pay can be complex, and there are specific rules and formulas used to determine the amount awarded to an ex-spouse.
• Healthcare Benefits: Military members and their spouses are entitled to health insurance through TRICARE. However, after a divorce, the non-military spouse may no longer be eligible for TRICARE unless they meet certain requirements, such as having been married to the service member for at least 20 years while the service member was on active duty. This is known as the 20/20/20 rule.
• Survivor Benefits: The service member can designate their ex-spouse as the beneficiary of a portion of their military retirement pay through the Survivor Benefit Plan (SBP). This will need to be addressed during the divorce proceedings, and the election must be made in writing.

Spousal Support (Alimony)

Determining whether spousal maintenance is warranted in a military divorce can be more complex than in a civilian divorce due to the unique financial circumstances that may arise from military service. Depending on factors such as the length of the marriage, the income a person earns through their military service, the income earned by the other spouse, the contributions the spouses have made to the marriage, and other issues that may affect the financial situation of both parties, a member of the military may be required to pay ongoing support to their ex-spouse.

Our attorneys can provide guidance on how spousal maintenance may be addressed during a military divorce. We help ensure that issues such as the service member's military pay and retirement benefits will be considered correctly while negotiating agreements that will protect our clients' financial interests.

Contact Our Joliet, Illinois Military Divorce Lawyers

If you or your spouse is in the military, working with a lawyer who understands the complexities of military divorce can help ensure that your rights and interests will be protected during your case. At Jordan Steele & Associates, LLC, we will guide you through the legal process and work to resolve your case successfully. Contact our Joliet military service member divorce attorneys at 872-314-0080 to set up a free consultation.