Chicago Military Divorce Attorneys
Do You Need a Proven Chicago Military Divorce Lawyer?
Military divorces come with distinct challenges that require an attorney with a deep understanding of both Illinois family law and the unique legal protections afforded to service members. From jurisdictional issues to military pension division and the impact of deployments on parenting time, these cases demand precise legal skill and strategic insight.
At Nottage and Ward, LLP, we have spent over 35 years guiding clients through high-stakes and complex family law matters, including those involving military families. Whether you or your spouse is active duty, in the reserves, or retired, we understand the federal and state laws that govern military divorce and will advocate with both strength and sensibility to protect your rights and future.
Why Choose Us Over Other Military Divorce Lawyers in Chicago
- Over 35 years of exclusive focus on Illinois family law
- Extensive experience with cases involving military pensions and benefits
- In-depth understanding of the Servicemembers Civil Relief Act (SCRA) and USFSPA
- Strategic handling of parenting time affected by deployments or relocations
- Known for strength, strategy, and sensitivity in high-conflict divorces
- Listed in the Martindale-Hubbell Bar Register of Pre-eminent Lawyers
Call to Learn More Today
At Nottage and Ward, LLP, we are proud to represent those who serve our country. Our experienced Chicago divorce attorneys are well-versed in every possible contingency. Our legal team will actively represent your stake in the separation and fiercely defend your interests every step of the way.
If you are a service member or the spouse of a service member considering divorce, contact us at (312) 332-2915 to schedule a consultation today.
What Are the Requirements for a Chicago Military Divorce?
To file for divorce in Illinois, including military divorce, one of the spouses must meet the state residency requirement: living in Illinois for at least 90 days before filing. Military members stationed in Illinois may meet this requirement, even if their legal residence is in another state.
The active duty spouse must be properly served or consent to the divorce proceedings. The Servicemembers Civil Relief Act (SCRA) can delay divorce proceedings if the active duty spouse is unable to participate due to deployment or military duties. This is intended to ensure that no service member is at a disadvantage in court due to their service obligations.
What Is the Process for a Military Divorce in Illinois?
Military divorces in Illinois follow the general divorce process but include special considerations:
- Filing the Petition: One spouse files a Petition for Dissolution of Marriage.
- Service of Process: The non-filing spouse must be served. If on active duty, SCRA protections may apply.
- Financial Disclosures: Both parties must provide full financial disclosures.
- Temporary Orders: The court may issue temporary orders on support or parenting while the case is pending.
- Negotiation or Litigation: Parties negotiate or litigate issues like property division, spousal maintenance, and parenting time.
- Final Judgment: A final divorce decree is issued.
If one or both spouses are on active duty, special procedures may apply to ensure fairness and compliance with federal law. Our attorneys ensure each step is handled with care and legal precision.
Past Client Testimonials
“Smart Man With Killer Instincts” - Jessica (5-Star Avvo Review)
A GREAT LAWYER! Jeff helped me through a long and protracted divorce. His patience and unerring knowledge and instincts were of great benefit to me. He is a smart, funny man with killer instincts! I recommend him and his talents with no reservations.
“A Force in the Courtroom” - Lonnie (5-Star Avvo Review)
Terrific, aggressive attorney. Jeffrey is a force in the courtroom. Period. If you want an attorney who will aggressively and successfully advocate for you, then this is the attorney for you. I am thankful that I had Jeffrey on my side and not against me.
“Extremely Professional, Knowledgeable, and Prompt” - Jeremy (5-Star Avvo Review)
Excellent divorce attorney in downtown Chicago. Jeffery Knipmeyer handled my divorce proceedings. I started the process with zero knowledge of what my financial and legal obligations to my spouse would be going forward. Jeffrey provided a likely range of outcomes and the entire process was settled in a matter of weeks. He is extremely professional, knowledgeable, and prompt. I strongly recommend Jeffrey Knipmeyer as an attorney.
How Is Property Divided in an Illinois Military Divorce?
Illinois follows equitable distribution in dividing marital property, including military pensions. This means that the court will divide assets fairly, though not necessarily equally.
In a military divorce, key issues include:
- Military Retired Pay: Governed by the Uniformed Services Former Spouses' Protection Act (USFSPA), state courts may treat military pensions as marital property.
- 10/10 Rule: Direct payment from the Defense Finance and Accounting Service (DFAS) is only available if the marriage lasted at least 10 years, overlapping with 10 years of military service.
- Thrift Savings Plan (TSP): This military retirement investment plan is subject to division like any other marital asset.
- BAH and Other Benefits: These may impact spousal maintenance and child support calculations.
We have substantial experience working with financial experts to accurately value and divide military pensions and benefits while protecting our clients’ interests.
About Our Lawyers
Our attorneys provide intelligent, compassionate representation grounded in decades of experience. We tailor our approach to fit the unique needs of military families navigating divorce.
Leslie Fineberg
A founding partner of Nottage and Ward, LLP, Leslie Fineberg has over 35 years of experience in Illinois family law. Her practice includes complex divorce, property division, and parental responsibilities, with a focus on high-asset and high-conflict cases. She is known for her strategic insight and composed presence in court. ARDC #6180735
Jeffrey Knipmeyer
Jeffrey Knipmeyer brings over 30 years of family law experience, with particular strength in financial issues, including pension division and maintenance. He has represented both service members and spouses in military divorces and is committed to crafting practical, long-term legal solutions. ARDC #6201473
Military Distinction
Over the past decade, sweeping changes in state and federal laws governing active duty members have altered the legal landscape, giving way to a number of unique issues, especially when it comes to finalizing a military divorce. Soldiers and their families looking to file in Illinois, or anywhere else in the country for that matter, will encounter some, if not all, of the following:
Where to File – Above all, deciding which state will have jurisdiction over your divorce can have the greatest impact on your future settlement. Quite often, military service members and their spouses will agree to file where they are currently stationed, which could be substantially farther from where they pay taxes, where they claim residency, or where they were actually married. For soldiers, this is all regulated under the recently overhauled Service Members Civil Relief Act (SMCRA). Keep in mind, however, each state has different rules concerning how and when to file, so be sure the state you agree upon is one that works to your advantage when it comes to the settlement.
Retirement – A military benefit package can be one of the largest assets in a divorce proceeding. It is important to note that while the retirement of any member of the military is subject to division during a separation, this does not make it an automatic 50/50 split. Under the Uniformed Services Former Spouse Protection Act (USFSPA), state courts are granted authority to treat any retirement package from the Armed Services in much the same way they would a civilian pension. The division is subject to a number of factors, including federal and state codes, as well as a thorough examination of the relationship and family dynamics.
Child Allocation – Allocation of parenting time and responsibilities is, without a doubt, the most fiercely contested portion of any settlement. When one or more of the individuals involved are active service members and deployed overseas, this can become highly contentious. There are a multitude of critical factors to consider, many of which fall under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) – a highly detailed piece of legal work that we highly recommend speaking with a qualified attorney about.
Illinois Military Divorce FAQ
What are the differences between a military and a civilian divorce?
In the strict legal sense, there is no difference between military personnel seeking a divorce and non-military personnel doing the same. The legal requirements for a divorce are the same; however, the divorce process can be much more complicated, confusing, and expensive when one or both spouses are members of the military.
For instance, one factor that is pertinent in an Illinois military divorce is that at least one of the spouses must have been a legal resident of Illinois for the past ninety days or more. Residency can be a tricky issue for members of the military, who are frequently relocated and must serve long tenures abroad.
Is it possible to serve divorce papers to a spouse stationed overseas?
According to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), any defendant in a lawsuit must be notified of pending legal action. This includes your spouse if you are filing for divorce. Even if your spouse is serving overseas, he or she still must be served with the divorce papers. The first step will be to contact the authorities at the base where your spouse is stationed and determine what official channels can be used to serve divorce papers.
Of special note, you should be aware that the Soldiers and Sailors Civil Relief Act, 50 UCS section 521, protects active service members from being found in default for failing to respond to a legal action. This means that your Illinois state divorce proceedings can be delayed until 60 days after your spouse completes his or her tour of duty.
How do I calculate my spouse’s military benefits as part of a divorce proceeding?
Federal law, under the Uniformed Services Former Spouses’ Protection Act (USFSPA), stipulates how military benefits are dispersed during a divorce. Any maintenance payment must be authorized by the USFSPA. This law also requires spouses to be married for at least 10 years of active duty in order for a spouse to receive retirement benefits as part of a divorce settlement. You should take this timeline into consideration when filing for divorce.
Are there special provisions for allocation of parental duties when one or both parents are active in the military?
As for allocation of parenting responsibilities, it is extremely important that you work out a clear parenting time schedule, as well as contingency plans in the event of an emergency. Who will have the child while one spouse is on military duty, and how will parenting time be divided when that spouse returns? These questions need to be asked and answered. The court recognizes that military deployment can have an adverse effect on children, but they also understand that it should not preclude a military parent from being awarded allocation.
Like everything else associated with a military divorce, allocation issues can be quite complicated. That’s why it’s important to get advice from an experienced Chicago military divorce lawyer.
Our Chicago Military Divorce Lawyers Are Detailed and Determined
At Nottage and Ward, LLP, when it comes to spousal separation, our divorce attorneys pride themselves on delivering in-depth legal counsel, compassionate representation, and fearless litigation. If you have any questions concerning our process or options concerning your own divorce, please contact us at (312) 332-2915.
Additional Information
- Study Finds Female GIs Have A Higher Rate Of Divorce
- Oklahoma Bill Regarding Military Division Of Property In Divorce Causes Controversy
- Legislation Proposed To Prevent U.S. Military Members From Losing Child Due To Service And Deployment
We are proud sponsors of Little Black Pearl Art and Design Center.
To learn more, click here.
Proud Member of Friends of the Chicago River.
To learn more, click here.
Client Reviews
5 Leslie has been the strongest representation I could ask for
Leslie has been the strongest representation I could ask for in a very complicated, emotional matter. She has continuously looked out for my best interest and the best interest of my son. She is always prompt in getting back to me and in keeping me well informed about my case.
Read More Client Reviews
