Military Divorce

Military divorce in Illinois involves unique legal considerations due to the complexities of military life and federal regulations. If you or your spouse is a member of the military and you're considering divorce, it's crucial to understand the jurisdiction and residency requirements, the process of serving an active duty spouse, the division of military benefits, and child custody and support issues. Seeking experienced legal counsel is essential to navigate this complex area of law.

Definition and Requirements

A military divorce in Illinois is a divorce where one or both spouses are members of the military. While the basic divorce process is similar to a civilian divorce, there are additional factors to consider, such as the division of military pensions, the impact of deployment on child custody, and the challenges of serving an active duty spouse.

Jurisdiction and Residency

To file for a military divorce in Illinois, the court must have jurisdiction over your case. This can be established if the military member is stationed in Illinois, claims legal residency in Illinois, or if the non-military spouse resides in Illinois. Additionally, at least one spouse must have been a resident of Illinois for 90 days immediately prior to filing.

Serving an Active Duty Spouse

If your spouse is on active duty, serving them with divorce papers is more complex. Under the Servicemembers Civil Relief Act (SCRA), active duty personnel are protected from default judgments. They must be personally served and have 90 days to respond, rather than the standard 30 days in civilian cases.

Division of Benefits

Under the Uniformed Services Former Spouses' Protection Act (USFSPA), military pensions and benefits are subject to division in divorce. Generally, you must have been married for at least 10 years overlapping with 10 years of military service for the pension to be considered a marital asset. Other benefits like Tricare health coverage may be available to an ex-spouse who meets certain criteria.

Child Custody and Support

Child custody and support in military divorce are determined based on the child's best interests. A parent's military service should not negatively impact custody, but the realities of military life may be considered. Custody arrangements should account for potential deployments and transfers. Child support is based on the military member's total entitlements, not just base pay.

Legal Process for Military Divorce

1. Consultation

• Meet with an attorney experienced in military divorce and Illinois law

• Discuss jurisdiction, residency requirements, and specific military considerations

• Gather necessary documents, including marriage certificate, military orders, and financial records

2. Filing

• Determine the appropriate venue for filing based on residency and military status

• Prepare and file the divorce petition and summons

• Arrange for service of process on the military spouse, following SCRA guidelines

3. Service and Response

• Serve the active duty spouse with the divorce papers, providing the required 90 days to respond

• If the spouse is overseas, coordinate with the military for service

• Upon response or expiration of the response period, proceed with the case

4. Discovery and Settlement

• Exchange financial and other relevant information with the opposing party

• Negotiate the division of assets, including military pensions and benefits, following USFSPA guidelines

• Develop a parenting plan that addresses custody, visitation, and the unique challenges of military life

• Attempt to reach a settlement agreement on all issues

5. Trial (if necessary)

• If a settlement cannot be reached, prepare for trial

• Present evidence and arguments on contested issues, such as property division and child custody

• Advocate for a fair resolution that considers the client's rights and the specifics of military service

6. Judgment and Enforcement

• Draft the final divorce judgment, incorporating the terms of the settlement or trial decision

• Ensure the judgment includes the necessary language for the division of military pensions under USFSPA

• Submit the judgment to the court for approval and entry

• Assist with the enforcement of the judgment, including the division of military benefits and child support

Throughout the process, the attorney will provide guidance, advocate for the client's interests, and navigate the complexities of military divorce law to achieve the best possible outcome.