Finding the right divorce lawyer when you are a military spouse can feel overwhelming. You are navigating a complex legal landscape that involves both state and federal laws, military regulations, and the unique circumstances of military life. It is crucial to have a lawyer who understands these intricacies and can advocate effectively for your rights and interests.
As a divorce lawyer with decades of experience handling military divorces in Illinois, I understand the unique challenges you face. Whether it’s understanding how military pensions are divided, dealing with custody arrangements when one parent is deployed, or ensuring compliance with both Illinois and federal laws, my goal is to provide the support and experience you need to navigate your divorce with confidence.
Understanding Illinois Divorce Laws For Military Spouses
Illinois law provides specific guidelines for handling divorces, and these can become more complex when one or both spouses are in the military. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs divorces in the state, setting out the procedures for property division, child custody, and support.
One of the critical factors in a military divorce is determining residency and jurisdiction. Military families often move frequently, which can complicate where to file for divorce. Illinois courts can assert jurisdiction if one spouse resides in Illinois or is stationed in Illinois. This flexibility helps ensure that military families have a fair opportunity to resolve their divorce issues in a convenient forum.
Another significant aspect is the division of military pensions and benefits. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts can treat military retirement pay as marital property, subject to division upon divorce. Illinois follows the equitable distribution model, meaning that the court will divide marital property in a manner that it deems fair, though not necessarily equal. This can include the division of a military pension, which is often a considerable asset in a military divorce.
Child custody and support are also crucial considerations. The IMDMA emphasizes the best interests of the child when determining custody arrangements. This includes considering the child’s relationship with each parent, the child’s adjustment to home, school, and community, and the mental and physical health of all individuals involved. For military families, additional factors such as deployment schedules and relocations must be considered. An experienced military divorce lawyer can help create a parenting plan that accommodates these unique challenges.
How Our Divorce Lawyers For Military Spouses Can Help
At Bruning & Associates, P.C., we specialize in representing military spouses in divorce and family law matters. Our team’s deep understanding of the specific laws and regulations that impact military divorces, coupled with our commitment to providing the best possible representation, will give you the confidence you need during this challenging time.
We start by providing a thorough consultation to understand your unique situation and goals. From there, we develop a tailored legal strategy that addresses your needs. This includes negotiating fair settlements, advocating for your rights in court, and ensuring that all legal procedures are correctly followed.
One of the key areas where we provide support is in the division of military pensions and benefits. We work to ensure that you receive a fair share of these assets, taking into account the length of the marriage and the duration of military service. We also help you understand how the Survivor Benefit Plan (SBP) can provide continued benefits to a former spouse after the service member’s death, offering financial security even after the divorce.
Child custody is another critical area in which we offer our expertise. We help develop parenting plans that are in the best interests of the children while accommodating the unique demands of military service. This can include provisions for virtual visitation during deployments and special considerations for relocations.
In addition to these services, we provide ongoing support throughout the entire divorce process. We are here to answer your questions, address your concerns, and help you make informed decisions about your future, providing you a sense of security and guidance.
Military Divorce Frequently Asked Questions
What are the residency requirements for filing an Illinois military divorce?
To file for divorce in Illinois, one spouse must reside or be stationed in Illinois. This means that even if you are temporarily assigned to another state or country, you can still file for divorce in Illinois if your permanent residence is in the state.
How is military retirement pay divided in a divorce?
Military retirement pay can be divided as marital property under the USFSPA. Illinois courts use the equitable distribution model to divide marital property, including military pensions. The exact division will depend on factors such as the length of the marriage and the duration of military service.
What happens to child custody when a parent is deployed?
Child custody arrangements must consider the best interests of the child, which can be challenging when a parent is deployed. Illinois law allows for temporary modifications to custody and visitation schedules to accommodate deployments. It’s essential to have a parenting plan that addresses these potential changes.
Can a military spouse receive spousal support (alimony)?
Yes, a military spouse can receive spousal support, also known as alimony. The amount and duration of spousal support will depend on various factors, including the length of the marriage, the needs of the spouse seeking support, and the ability of the other spouse to pay.
What if my spouse is stationed overseas?
If your spouse is stationed overseas, it can complicate the divorce process. However, Illinois courts can still have jurisdiction if you or your spouse meet the residency requirements. An experienced military divorce lawyer can help navigate the additional challenges of an overseas deployment.
How does the Servicemembers Civil Relief Act (SCRA) affect divorce proceedings?
The SCRA provides protections for active-duty military members, including the ability to postpone divorce proceedings while on active duty. This ensures that service members can focus on their duties without being disadvantaged in legal proceedings.
Why Choose Bruning & Associates, P.C.?
Divorce can be challenging, especially for military spouses who must deal with unique legal and logistical issues. At Bruning & Associates, P.C., we bring decades of experience and a deep understanding of Illinois law and military regulations to every case we handle. Our commitment is to provide personalized, effective representation that meets your specific needs.
We understand that every family’s situation is different, and we take the time to listen to your concerns and goals. Our approach is client-focused, ensuring that you receive the best possible outcome for your case. Whether you are dealing with child custody, property division, or spousal support, our firm has the knowledge and experience to advocate effectively on your behalf, making you feel understood and cared for.
Call Our Divorce Lawyers For Military Spouses To Discuss Your Case
If you are a military spouse facing a divorce, it’s important to have a knowledgeable and experienced divorce attorney by your side. At Bruning & Associates, P.C., our Naperville divorce lawyers have a proven track record of success and are here to help you through this challenging time. Contact our divorce lawyers for military spouses at Bruning & Associates, P.C. today by calling 815-455-3000 to schedule a free consultation. We represent clients throughout the Chicago metro area, with offices in Chicago, Schaumburg, and Crystal Lake. Let us help you achieve the best possible outcome for your family.
