Experienced Military Divorce Attorneys Protecting Service Members in Wheaton, IL
Military service and the issues that can come along with that service, including the events a person may experience while serving, the requirement for a family to relocate, and deployment in different parts of the world, can put great strain on a marriage. When the breakdown of a relationship leads to divorce, servicemembers and their spouses may need to address some unique concerns. If you need to address family law issues in these situations, what is already a difficult process can become even more complicated.
At Musielak & Rosinski LLC, our DuPage County divorce attorneys represent both military and civilian spouses. We recognize that divorce decisions carry real emotional weight, and the outcome can shape the lives of spouses, children, and other family members for years afterward. A military divorce calls for a lawyer who brings both compassion and the professional skill needed to safeguard your finances and your children's best interests.
Experienced Military Divorce Representation
The Servicemembers Civil Relief Act protects members of the U.S. military by allowing certain transactions and legal proceedings to be paused, so that a person's rights in court proceedings are not compromised while they are serving. When a servicemember is deployed away from home at the time their spouse files for divorce, this law helps ensure that decisions on matters like property division and child custody are not finalized in their absence or without their input.
There are also some unique financial concerns that may affect spouses in a military divorce. Servicemembers and their spouses will usually be able to receive medical benefits, and depending on how long a couple was married, an ex-spouse may continue to receive coverage after a divorce. Retirement benefits for servicemembers may also need to be addressed during the property division process, and a couple may be able to negotiate an agreement that will detail how these benefits and other assets will be allocated between them.
How Do DuPage County Courts Divide Military Retirement?
Military retirement pay earned during the marriage can be treated as marital property in Illinois, and DuPage County courts follow both federal and state law when dividing it. According to federal rules, a former spouse may be entitled to receive a portion of military retired pay directly from the Defense Finance and Accounting Service, but only if certain length-of-marriage and length-of-service requirements are met.
Illinois courts still look at what is fair when deciding how much of the retirement benefit each spouse should receive, considering factors such as the length of the marriage and each spouse's overall financial situation. A properly drafted court order is necessary to direct payments correctly, so working with an attorney familiar with military divorce is important to avoid delays or errors in enforcement.
What Is Substitute Visitation for Military Families?
In Illinois, substitute visitation allows a service member's family members, or other close relatives, to exercise parenting time on the service member's behalf when deployment or military duties make regular visitation impossible, as long as it serves the child's needs. Illinois law recognizes the unique challenges military families face and allows judges to approve these arrangements as part of a parenting plan, helping maintain the child's relationships even when the service member parent cannot be present.
Contact Our DuPage County Military Divorce Attorneys
The military divorce lawyers at Musielak & Rosinski LLC provide legal advice and representation for clients and their families in DuPage County. Contact our Wheaton, IL military divorce lawyers or call 630-344-6525 to schedule a free initial consultation.