Will County law does not constitute military divorce because all cases filed in Illinois, regardless of county, apply to the laws of Illinois. However, certain provisions for military members apply. For instance, parties may not get divorced if one party is actively serving in the military. Also, there are some special provisions as it relates to retirement benefits that must be accounted for in military divorces. Call a Will County military divorce lawyer today. Our experienced divorce attorneys could walk you through the process while keeping your best interests in mind.
One of the biggest differences in a military divorce from a civilian divorce is that military retirement benefits could be one of the larger assets in a divorce. There is a Uniform Service for Former Spouse Protection Act, which allows state courts to treat military benefits the same way that they would under a regular benefits package. Being in the military is a federal benefit. If the federal government did not want states to interfere, the states would have no right to do so.
Often with military divorces, one of the issues is where do cases get filed because the two are often moving. This is often a key decision that a party may have to make. There is a statute called the Uniform Child Custody Jurisdiction and Enforcement Act, which is referred to as the UCCJEA. This act determines the home state of the couple’s child. Once the home state is established, it is going to stay that way until both parties and the child moves out of that state. For example, if someone is stationed in North Carolina and wants to move to Illinois, they should not file in North Carolina. They should move to Illinois, establish residence, and then file their case.
Circumstances in which a civilian ex-spouse could receive benefits from the military would be under the Uniform Service for Former Spouse Protection Act. There are certain requirements, but that is how they would get benefits. The benefits available under the Uniform Service for Former Spouse Protection Act include retirement pay, medical care, and exchange and commissionary benefits. For more information, call one of our Will County military divorce attorney.
The role of mediation and litigation in the context of a military divorce is the same as in a regular divorce. Mediation is helpful with issues involving the children and making sure that the parents are trying to communicate effectively and make joint decisions for their children. The parties would meet with the mediator and try and come up with the parenting schedule and with how major decisions are going to be made. If mediation is successful, the parties will prepare and execute a written plan, which is called an Allocation Judgment, that specifies each parent’s rights and parenting schedule.
If mediation fails, they go to litigation. Litigation is where the parties present their facts and evidence to the judge in a manner that they both believe best represents their situation. If the parties are unable to agree, the judge makes a decision.
If you need help with filing a military divorce, call our team of knowledgeable attorneys. A Will County military divorce lawyer at Reidy Law Office LLC could help you reach a solution that protects your rights and interests. Call today and set up a consultation.