When one or both spouses are active members of the military, the divorce process in Kankakee County will be slightly different. Certain federal laws will apply that may affect where and when a person can file for divorce as well as what benefits they can receive. Therefore, it is important to work with a skilled divorce lawyer who has experience handling these types of divorces.

What is a Military Divorce?

Military divorces are not defined by Kankakee County law or the military. They are typically defined by the state in which one of the parties lives. All it means is that one or both of the parties are currently or formerly members of the military. What differentiates a military divorce from a civilian divorce is that there are some important protections for the military. Otherwise, they are nearly identical.

For example, if somebody is on active duty and are overseas and their spouse files for divorce, the case is automatically put on hold until they come back. If their job requires them just to go overseas for a couple of months, there is no federal protection that would stop the case from going forward. That is something that is unique to the military.

Members of the military also have federal benefits available to them. Federal benefits receive priority and protection from state courts. State courts do not allow for the division of federal benefits unless the federal government allows it. As of right now the federal government does allow for the division of federal benefits, so there are some systems and procedures set up to divide the military pensions and benefits, but those are rules of the federal government. It is important to understand how that process works.

The Role of Geography

Geography plays a different role in military divorces than it might in civilian divorces because they often involve people who are moving. In a military divorce, it is common to hear about children who around the country and are not in one place very long. This can prevent unique custody issues.

Further, if one party wants to get divorced and the military spouse is going to be moving, they often have tough questions to answer. For example, they must decide what state they will indicate on the forms. Every situation is different. Therefore, it is important to consult a knowledgeable attorney.

When Only One Spouse is in the Military

The parties involved in a military divorce are the spouses. There is no extra party involved in the process. When only one of the spouses is in the military, it makes the process easier, because there is no possibility of both parties going overseas. In that situation, they have to figure out what benefits a nonmilitary spouse qualifies for. There are certain rules and guidelines that apply.

Circumstances in which a civilian ex-spouse could receive benefits from the military depend upon how long they were married. The federal provisions determine what is available.

The Role of the Court System

The Kankakee County legal system must honor the federal provisions and they have to make sure that they are complying with all the federal laws in a military divorce. However, in every other aspect, the court is going to treat the divorce the same.

The role of mediation in the context of a military divorce is to be focused primarily on the children and try to come up with a parenting plan that works for everyone involved. Litigation is used when two parties are not able to reach an agreement on their own.

Ask an Attorney About How Being in the Military Affects Kankakee County Divorces

Although the process is similar to any divorce in Kankakee County, there are some unique aspects of military divorce that it is important to be aware of. For the help you need, reach out to the experienced attorneys at Reidy Law Office LLC.