Military Divorce Attorney
Gravel & Wechter and their skilled support staff believe that there are no problems — only solutions — in addressing military domestic matters like yours. We listen to your goals and work as a team to resolve differences over the allocation of parental responsibility (child custody) including decision making and parenting time, child support and alimony, and division of assets and property.
Find Solutions for Your Military Divorce Problems at Gravel & Wechter P.C.
Military Divorce FAQs (Lake County, IL)
How does the “10/10 Rule” affect military retirement in Illinois?
Many people mistakenly believe they aren’t entitled to a portion of military retirement pay unless they were married for 10 years. In Illinois, military retirement is considered marital property and can be divided regardless of the marriage’s length.
The 10/10 Rule is a federal requirement under the USFSPA that only determines the method of payment:
- Direct Payment: If you were married for at least 10 years and those years overlapped with 10 years of creditable service, the Defense Finance and Accounting Service (DFAS) pays the former spouse directly.
- Indirect Payment: If the marriage was shorter, the service member must personally pay the ex-spouse their awarded portion.
Can I file for a military divorce in Lake County if I am stationed here but not a legal resident?
Yes. Under the Illinois Marriage and Dissolution of Marriage Act, the court has jurisdiction if at least one spouse has been stationed in Illinois for at least 90 days before filing.
For service members stationed at Naval Station Great Lakes, this residency requirement is often met even if your “Home of Record” is another state. However, to divide a military pension, the court must have specific jurisdiction over the service member, which typically requires their consent or Illinois being their legal residence.
How does the Servicemembers Civil Relief Act (SCRA) protect me during a divorce?
The SCRA is a federal law that prevents active-duty service members from being disadvantaged by legal proceedings while they are on duty or deployed. If you are served with divorce papers in Lake County, you can request a “stay” (a temporary pause) of the proceedings for at least 90 days.
In Illinois, this ensures that a “default judgment” is not entered against a sailor or soldier who is currently unable to defend their interests due to military necessity.
How is parenting time handled if I am deployed from Great Lakes?
Illinois law requires a Family Care Plan for service members with children. When a parent is deployed, Illinois courts can award “makeup” parenting time or even allow the military parent to designate their parenting time to a family member (like a grandparent) during their absence. Our firm works to ensure your bond with your children remains a priority, regardless of your deployment schedule.
