Divorce and Family Law Issues Facing Military Families

 Posted on September 15, 2016 in Divorce

military, DuPage County divorce lawyerFamily law matters can be complicated, especially when one or both spouses are military service members, whether active duty, reserve, or retired. If you or your spouse is a current or former military member, it is important to work with an experienced family law attorney in Illinois who handles military divorces and is familiar with all the ways a service member's career can impact the divorce process.

Factors That May Affect a Military Divorce Proceeding

Due to the extremely stressful situations military families must face, many military marriages deteriorate over time. Our compassionate family law attorneys in DuPage County understand that along with the sacrifices your family has made in service to our country often comes marital strain as the result of prolonged deployment, post-traumatic stress disorder, feelings of depression and isolation, and difficulty readjusting to home life following deployment. These issues can even lead to substance abuse, domestic violence. and infidelity.

No matter the circumstance that led to the breakup of your marriage, our experienced divorce attorneys can be by your side to support you through this complex process.

Legal Issues Unique to Military Divorce

There are a number of legal matters unique to military divorce that are crucial you consult your divorce attorney about, including:

  • How deployment could affect child custody arrangements;
  • Whether a civilian spouse retains certain armed service benefits following divorce;
  • How frequent relocation might affect child custody and parenting time;
  • Issues related to military pension and retirement and the rights of the civilian spouse;
  • Whether any domestic violence or substance abuse amounts to military misconduct;
  • The interplay of state and federal laws affecting service personnel and their dependents; and
  • Military spousal and child support.

Soldiers' and Sailors' Civil Relief Act and its Impact on Divorce

Another important law that may affect a military divorce is the Soldiers' and Sailors' Civil Relief Act, which allows soldiers to suspend certain legal actions so they can devote their full time and attention to their service obligations.

This can include postponing collection of debts, such as credit cards, mortgage payments, and taxes, among other debts, as well as allowing servicemen and women to sometimes get out of their rental and vehicle leases, or to potentially avoid foreclosure proceedings. While this can be a relief for military families in times of need, it can also pose complex challenges during divorce proceedings, when issues of marital assets and debts must be decided.

Consult an Experienced Military Divorce Attorney in DuPage County

The unique challenges faced by divorcing military members and their spouses are why it is so crucial that you work with an experienced DuPage County family law attorney who understands the nuanced legal issues that can arise during such a divorce. Call 630-871-1002 today for your free initial consultation.



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