When one or both spouses are in the military or entitled to military benefits, they would have to go through a slightly different divorce process. Though similar to a civilian divorce, there are some important differences that the parties must be aware of.
A well-versed Cook County lawyer can help you understand the process of a military divorce. Regardless of your specific goals, a skilled divorce lawyer from Reidy Law Office, LLC can help you reach an agreement that allows you to feel prepared for your future.
A military divorce means that one or more of the spouses is either an active member of the military or is entitled to military benefits. There are differences between a military and civilian divorce. For example, if one spouse is on active duty and away from the state, there could be a basis for delaying the case. A case may be put on hold until they are available.
Another difference is the fact that military benefits are available. Because they are entitled to federal benefits and federal pay, there are limits on the state courts in what they may touch in terms of federal benefits. It is important that an individual understand the differences. A knowledgeable divorce attorney can help you make sure you understand all the unique factors involved in the military divorce process.
The parties involved in military divorce often include the spouses, the children, their attorneys, any experts, and the federal government and state. When only one of the spouses is in the military, the process is very similar to as a regular divorce. However, there are certain laws that allow for the civilian spouse to receive some benefits, and there are laws that protect them. Circumstances in which a civilian ex-spouse could receive benefits from the military include if a couple was married for a certain number of years.
Other than that, the process involved in a military divorce is similar to any other divorce. Mediation and litigation play a role in military divorces. For mediation, it is similar to all other divorces. If the parties cannot reach an agreement, they need a third party to help them. This is most often focused on the children and related issues.
As with any divorce, if the parties cannot reach an agreement in mediation, they may need to enter litigation. In litigation, the parties would present their case to a judge who would then make a final determination. An experienced attorney can be a guide throughout the military divorce process.
Although the basic process of a military divorce is similar to a civilian one, there are important differences. The most important of those differences are dividing the federal benefits available in a military divorce and the procedures involved if one of the parties is on active duty. A Cook County attorney can help guide you through the military divorce process to help it go as smoothly as possible. To get started, reach out to Reidy Law Office, LLC today.