What Should I Know About Divorcing Someone Who is in the Military?

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Any divorce can be complex, but filing for divorce from a member of the military can carry its own unique complications. A Morton divorce lawyer from our firm can help you navigate this process and account for any additional steps that need to be taken.

What Special Considerations Are Made for Divorcing a Military Spouse?

One thing you need to remember is that military spouses can often be protected from some divorce actions when they are considered to be on active duty. Unlike most spouses, they would not be held in default for not responding to a divorce action in a timely manner. They are also protected from divorce actions while they are serving in a war.

Another important protection allows a state court to postpone divorce actions when a service member is on active duty. That postponement can last an additional 60 days after their active duty status ends. All of these protections are there to help ensure that an active duty member of the military cannot be divorced without their knowledge or input.

Serving a military spouse also has some differences. They must be served with a divorce action in their own language and one in the language of the country where they are stationed, even if they do not speak the local language.

What Are the Residency Requirements for a Divorce?

Residency can be a more complex issue when it comes to a military divorce, but the state has made allowances that help make the progress easier. You can file for divorce in Illinois if:

  • One of the spouses has lived in the state for 90 days
  • One spouse has been stationed in Illinois for 90 days

If you want to know if you have grounds to file in Illinois, a divorce attorney in Morton can help you.

How Are Alimony and Child Support Payments Handled in a Military Divorce?

Alimony and child support can be requested from an ex-spouse, but if they are in the military there are some limitations. The amount of child support and spousal support cannot be more than 60 percent of the military spouse’s total pay.

Some other laws can protect other assets of the military spouse in a divorce. While property can be divided up just like it is in a normal divorce, certain military benefits like their retirement account can be protected to a certain extent.

How is Custody Split in a Military Divorce?

It can be hard to make a parent who is on active duty the primary custodial parent in a divorce. However, military members can often work a lot of flexibility into custody agreements when they are not on duty. They just need to give their former spouse reasonable notice.

Contact an Experienced Family Law Attorney

If you have any questions about divorcing your spouse who is currently in the military, contact Butler, Giraudo & Meister, P.C. We can answer any questions that you have and get the legal process started.

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