Wilson, Dabler & Associates, LLC, Military Divorce Attorneys in Belleville, IL
Due to our proximity to Scott Air Force Base and the high number of military families living in the Belleville, IL area, Wilson, Dabler & Associates, LLC have a wealth of experience with issues involving military divorce. Below are some of the factors that those going through divorce as a military member or a military family member should consider.
Servicemembers Civil Relief Act
This is a federal law that may have some bearing on your divorce or child custody, otherwise known as Parental Responsibility Allocation.
Essentially the SCRA protects service members at home so that they can concentrate on their active duty military service. The SCRA allows for delays in divorce or other court proceedings that might permanently affect a service member’s relationship with his or her children.
Location Where Military Members Can File their Divorce
Because courts must establish jurisdiction over you and your spouse and because federal law has certain requirements pertaining to military retirement plans, there are conditions that must be met in order to determine the state in which you file for divorce.
You may file for divorce in a state:
- Where the military spouse lives;
- Where the military spouse has residency; or
- Where both you and your spouse and you have agreed the divorce will be filed.
An important note to be aware of is that the state in which you were married does not matter in your divorce.
Child Custody and Visitation For Active Duty Military
Issues around child custody and visitation, also referred to as parental responsibility allocation, can be challenging enough for civilians. Military members, for whom deployment is an issue, can further complicate child custody and visitation.
We at Wilson, Dabler & Associates LLC can help guide you in your efforts to modify any existing custodial agreements, navigating Illinois’ custody and visitation laws, showing proof that your child will benefit by moving with you and presenting compelling evidence that keeping you with your child is what is best for all involved.
Because deployment is almost always a factor to be considered in child custody issues involving military divorce, it is important to find a divorce attorney who understands the reach of SCRA to protect you by delaying court actions while you are deployed.
Our family law firm can also help you craft a family care plan and update it as needed.
Child Support and Spousal Support For Military Members
Child Support and Spousal Support are important pieces of the military divorce puzzle. Wilson, Dabler & Associates, LLC can help you determine how your base pay, retirement pay, insurance and other parenting expenses come into play when finding what you are responsible to contribute to the expense of providing for a child.
State laws and the Uniformed Services Former Spouses Protection Act (USFSPA) are just two of the factors that govern elements of military divorce such as: child support, alimony and issues involving pay and pensions.
The various branches of the military each require military members to be responsible for debts and for the duty to support dependents. We at Wilson, Dabler & Associates, LLC can help you navigate this difficult situation.
What About Spouses or Former Spouses of Military Members?
A Federal Law called The Uniformed Services Former Spouse Protection Act grants benefits to former spouses of those in the military. Provided that the former military spouse meets what is referred to as the 20/20/20 rule, they may receive certain privileges regarding medical, exchange, commissary and other types of privileges under the Morale, Welfare and Recreation Program.
The 20/20/20 rule is explained below:
- The former military spouse was married to the military member for at least 20 years at the time of the divorce
- The military member has performed at least 20 years of services as defined in terms of determining eligibility for retired pay
- The former spouse was married to the member during at least 20 years of the member’s retirement-creditable service.
Essentially the 20/20/20 rule ensures a vested interest in the military member during that member’s military career.
Contact Wilson, Dabler & Associates, LLC, Military Divorce Lawyers in Belleville, IL
We know that divorce is one of the most challenging times in a person’s life. We also know, from experiences that divorce can be especially difficult if one or both of the divorcing parties are in the military. Serving your country often means that an extra magnitude of sacrifices must happen personally and in terms of your family life. And these sacrifices are often stressful to the marriage and the family.
We at Wilson, Dabler & Associates, LLC have experience with the intricacies of military divorce and how it affects not only the serving or retired military member, but also the spouses and children who each have a role in this life transition.
We know the laws and are here to protect you as you navigate these difficult waters. Call us at 618-235-1600 to speak to an attorney and schedule your free introductory meeting to discuss the particulars of your own unique situation. We’re here to help you and your family resolve your military divorce and move on with your life.