When one spouse is in the military, special considerations may apply in a divorce. This can impact where and when the divorce is filed. Therefore, it is important to consult a well-versed Orland Park attorney if you or your spouse is considering a military divorce.
A skilled divorce attorney can help guide you through the process and make sure you are following the procedures as they apply to the military. With the help of an experienced advocate, you can leave your marriage feeling prepared for the future.
If at least one spouse is in the military, there are special provisions that apply if the couple divorces. However, it is important to note that the grounds are still no-fault. The most important special provision is the consideration the court gives to the person in the military, especially if they are deployed. The court will not allow the divorce to proceed and will put it on hold until the spouse who is deployed is able to participate.
The court will also look at the laws of the couple’s home state which may be difficult because military families often must move a lot. The filing party would have to determine their home state for the initial filing of divorce papers. A diligent attorney in Orland Park can further explain the special considerations for a military divorce.
The court system is going to make sure that timelines are appropriate if a military family is involved and that both spouses are present and able to be involved in the divorce proceedings. The person’s Commander may also be involved in the divorce process depending on the circumstances. Sometimes the divorce attorney can go directly to a Commander to obtain information about where to send documents to the deployed party.
Most of the other issues such as custody and child support are handled similarly to any other divorce. The division of assets is also handled similarly to any other divorce unless they are tied up in a business or they are retirement benefits. In a military divorce, retirement benefits may be especially important. According to the Uniform Service for Former Spouse Protection Act, state courts can treat retirement and other military benefits the same as any regular benefits package.
Finally, military divorce cases proceed similarly to all other divorces. The parties must work to settle issues either through a mediator, negotiations, or litigation. An attorney can further explain the military divorce process.
If you are considering a divorce and you or your spouse is in the military, it is important to speak with an attorney about your options. Certain factors such as deployment and constantly moving may complicate the process. A knowledgeable attorney in Orland Park can help guide you through a military divorce while advocating for your rights and interests. To learn more, call the Reidy Law Office LLC today.