North Chicago Military Divorce Lawyer
Your Trusted Partner for Military Divorce Representation in the North Shore of Cook and Lake Counties
Divorce can be complicated for any family, but especially so for people who are in the military. Men and women who are on active duty often face serious disadvantages during the divorce process. People who serve cannot always simply take time off from work to come to court or participate in mediation. If the service member is sent overseas at any point during the proceedings, things can become even more complicated. Sadly, some military members have been taken advantage of by their spouses during divorce cases.
Sucharski Law Firm LLC is experienced in helping members of the military get divorced. If you are eligible to get divorced in the state of Illinois, we can offer you the best representation possible. Our attorneys will do all we can to help ensure that you are treated fairly and that your rights are respected at every stage in the divorce process. We are accustomed to meeting the unique needs of men and women who serve in the armed forces.
Special Considerations in Military Divorce
Military marriages can be complicated. You or your spouse may qualify for a number of military benefit programs. Your financial status may be affected by your marriage and divorce. It is critical that you work with an attorney who has experience dealing with the unique challenges raised by military divorce, which may include:
- Collaborative divorce logistics - Depending on where you are stationed and what your duty schedule looks like, it may be very difficult for you to participate in scheduled mediation sessions. We often use a strategy called attorney-led negotiation. We will negotiate with your spouse's lawyer on your behalf. Whenever you are available, we will discuss settlement options with you. This process may proceed until a resolution is reached.
- Filing requirements - Figuring out residency for the purpose of divorce can be complicated when one spouse is in the military and is moved around frequently.
- Unique child custody issues - Military members tend to relocate quite frequently. This can pose an issue if one spouse plans to stay in Illinois while the other will be moving to a different location. If you are being deployed or may be deployed, this will have to be addressed during child custody planning. We may be able to develop a creative parenting plan that maximizes the time you get to enjoy with your children. Another option may be to create visitation plans for your close family members to spend time with your children.
- Potential loss of benefits - There are some benefits to being married when you are in the military. If you are receiving extra allowances for housing and food based on your marital status, it is important to understand how divorce could affect your financial status.
- Division of military benefits - Military benefits, from health care to pensions, will need to be addressed during divorce. Understanding when an ex-spouse will qualify for military benefits and how pension payments or other benefits may be allocated is crucial.
- Servicemembers Civil Relief Act issues - Historically, some servicemembers were preyed upon by their spouses, who figured out that they could often file and finalize a divorce without their military spouse ever finding out. The SCRA is designed to guard against such abuses. You may be able to pause your divorce until you are better able to address it after returning from deployment.
- Considering separation - Legal separation can sometimes work well for members of the military who are receiving certain benefits because they are married. Ending the marriage might end certain benefits, but legal separation may not.
- 10/10 rule - If you and your spouse were married for at least 10 years, and during that time, the military spouse served for 10 years, the non-military spouse might be eligible to collect their portion of the marital contribution to a military pension directly from the government. In shorter marriages, pension division may work differently.
You need a lawyer who understands the special concerns servicemembers face when getting divorced. A divorce is a major legal proceeding, whether you have been married for many years or a few months. Our attorneys can make sure all relevant issues will be considered as you work to end your marriage.
Contact a North Shore Military Divorce Attorney
Sucharski Law Firm LLC is dedicated to providing servicemembers with the best representation available. Our aggressive team of Northbrook, IL lawyers will fight for the best result possible in your divorce. Contact us at 224-276-6600 for a complimentary consultation.