Divorce for Military Families

February 12, 2025

Divorce is a complex and often emotional process, and for military families, unique challenges can add additional layers of complexity. From managing active duty schedules to coordinating parenting plans across long distances, military families face circumstances that require specialized understanding and solutions. I will explore some of the key considerations for military families facing divorce in Illinois, including how to address parenting plans, maintain healthy relationships from afar, and navigate jurisdictional requirements.

 

Parenting Plans for Active Duty Members

One of the most challenging aspects of divorce for military families is creating parenting plans that accommodate active duty obligations. These plans need to be flexible yet comprehensive to account for:

  • Deployments and Training: Active duty members often face periods where they cannot physically care for their children. Parenting plans should include provisions for temporary arrangements during these times while maintaining the service member’s involvement through virtual visits and consistent communication.

 

  • Moving to a New Base: Relocations are common in military life. Parenting plans should outline how their parenting duties will adapt if one parent is stationed at a new base. This may include agreements for travel expenses, long-distance parenting time schedules, or extended time during school breaks.

 

  • Emergency Circumstances: Military service can bring unexpected changes. A well-crafted parenting plan should address how sudden deployments or emergencies will be handled to minimize disruption for the children.

Maintaining Healthy Parenting Relationships Across Distance

 

For military members stationed far from their children, fostering a strong parenting relationship requires creativity and effort:

 

  • Virtual Communication: Utilize technology such as video calls, emails, and co-parenting apps to stay connected. Regular virtual visits can help maintain a meaningful bond. Some of the ways to help are to read a book with your child virtually or play a video game with them through a video call.

 

  • Scheduled Communication: Set consistent times for calls or video chats to give your children stability and predictability.

 

  • Sharing Experiences: Engage with your children by sharing photos, videos, and updates about your life. Encourage them to do the same, fostering a sense of connection despite the distance.

 

Jurisdictional Considerations for Divorcing Military Members

Illinois law allows military members to pursue divorce even when stationed far from the state. As long as jurisdictional requirements are met, you can proceed with your case regardless of where you are stationed:

 

  • Illinois Residency Requirements: To file for divorce in Illinois, either you or your spouse must reside in the state or have a strong connection to it. For military members, this often means maintaining Illinois as your legal residence or ensuring your spouse lives in the state. In other words, if Illinois is home now, or the home you are returning to, you can get divorced here.

 

  • Children of Military Members: if your children reside here, or will be residing here when your posting in another location ends, then you can also get divorced here. In other words, if you are residing with your children temporarily in Japan, but will be returning here, you can get divorced here.

 

  • Worldwide Representation: My experience includes helping military members stationed across the globe who consider Illinois their home. Whether you’re deployed overseas or stationed in another state, I can assist you in navigating the Illinois legal system remotely.

 

Financial Considerations for Military Divorces

 

Dividing military benefits and understanding financial obligations are critical aspects of divorce for military families:

  • Division of Military Benefits: Military pensions and benefits are subject to division in divorce proceedings. This includes things like college benefits, retirements, and other allotments

 

  • Child and Spousal Support: Support obligations are calculated under Illinois guidelines but may be influenced by factors such as housing allowances and other military-specific income. And yes, they are considered.

 

Why Experience Matters

 

Military divorces require a deep understanding of both family law and the unique demands of military life. I have extensive experience helping service members create parenting plans that work around their active duty schedules, manage long-distance parenting relationships, and address the specific legal issues faced by military families.

 

Whether you’re stationed in Illinois or halfway across the globe, I can help you navigate the divorce process and advocate for solutions that prioritize your family’s well-being. If you’re a military member considering divorce in Illinois, contact me today. Together, we can develop a plan tailored to your needs, no matter where you’re stationed.

 

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult an attorney to discuss your specific situation.