Divorcing In The Service

Military service members and their families face unique challenges when they have family law cases. If you or your spouse is in the military, make sure you work with an attorney who is experienced in military divorce law.

At Lavin & Parisi, Attorneys at Law, we represent members of all branches of the military, including members of the National Guard and Reserve and their spouses, including those stationed at the Great Lakes Naval Base. We can also represent family members who live in Illinois while the service member is stationed in another state or overseas. To schedule a complementary consultation with one of our military divorce attorneys, please call 815-261-4894 or contact us online.

What Happens To The Retirement Plan?

One of the aspects of a military divorce that is different involves determining the manner in which the nonmilitary spouse receives retirement funds. This complex process has laws that are unique to the military.

Military pensions include survivor benefit plans, health care benefits and other benefits. The Uniformed Services Former Spouses' Protection Act allows for division of military pensions if the spouse has been awarded a portion of the benefits in the divorce decree. In addition, we can help families get the family separation allowance and child support.

On Active Duty

When service members who are going through a divorce or custody case are on active duty and/or stationed overseas, they need a lawyer to protect their rights. The Servicemembers Civil Relief Act allows members on active duty to halt divorce and child custody proceedings while they are stationed far from home.

If you are the primary parent and cannot take your child on an unaccompanied tour, the child may have to live with the other parent during your deployment. We can work on establishing a visitation schedule for your side of your family while you are deployed.

Contact Us Today

Please call our office at 815-261-4894 or reach out online to schedule a complementary initial consultation.