It is very common for a member of the Armed Forces to be away from their home and family for long periods of time. This can be hard on a marriage, whether one or both spouses are in the military. Even after his or her tour ends, a veteran can develop post-traumatic stress disorder (PTSD), which can have a large impact on his or her personal relationships. All these things can lead to a couple growing apart and eventually divorcing. A military divorce can involve a number of special considerations, since a member of the military is employed by the federal government, which can affect child support, retirement benefits, and more.

State and Federal Divorce Laws

Under Illinois law, a person can only file for divorce if he or she is a resident of the state. However, a person who is in the military and is not in the state or country due to military orders is generally still considered a resident of Illinois. For instance, if a soldier who normally resides in Illinois is sent to Italy on military orders, he or she can still file for divorce in Illinois.

The Illinois Marriage and Dissolution of Marriage Act requires at least one of the following:

Many couples fight about finances throughout the course of their marriage. Money issues and especially debt can wreak havoc on a marriage, and in many cases, financial concerns can be a significant factor in the decision to get a divorce. Sometimes, one spouse will rack up huge amounts of credit card debt without the other spouse even knowing. Divorcing couples may wonder what will happen if one or both spouses have incurred a large amount of debt. Illinois divorce laws allow for equitable distribution of marital property, and this includes the division of debts. However, exactly how marital debt is to be divided depends on each situation, since every divorce is unique.

Marital Assets and Debts

Marital debt refers to any debts that a couple accumulates while they are married. These debts may include a mortgage, credit cards, vehicle loans, and student loans. During divorce, marital debts will be divided between the spouses according to Illinois’ equitable distribution laws. Credit cards, even if they are only in one spouse’s name, are still considered marital debt that the court will divide.

Divorces can be complicated, even if both spouses agree on many of the issues that must be addressed. In some cases, the marital estate may include significant assets, or spouses may earn large incomes. In these complex divorce cases, couples may need to address high-value assets or property, business valuation, spousal maintenance, and more. The division of property can have a long-term impact on one or both spouses, so this area needs to be addressed carefully. If you are entering the divorce process, it is important to understand your rights and the near-term and long-term impact of the decisions you make.

Marital Assets

The marital estate includes any property that was obtained during the course of your marriage. Illinois is an equitable distribution state, which means that marital property will be divided equitably, but not necessarily equally. In some cases, litigation in court may be necessary to resolve disputes over the division of assets; however, it is often more beneficial if spouses can work together to reach an agreement on these issues outside of court.

High-value assets often include many different types of monetary funds or possessions, such as the following:

When someone hears the word “divorce,” it typically has a negative connotation. The break-up of a marriage can be sad, but for some couples, going their separate ways is for the best instead of staying in an unhappy union. An amicable divorce is possible if both partners are willing to compromise on certain issues. If a child is involved, the parents can work together to come to agreements on what is in the best interests of their child. This is important for such issues as allocation of parental responsibilities and parenting time.

Practical Advice for a Healthy Divorce

The following tips can help a couple who are divorcing achieve the best possible outcome for all family members:

1. Do Not Let Your Emotions Rule You

There is no denying that divorce is an emotional time. However, allowing your emotions to get the best of you does not help the situation. A moment of rage is not worth losing parental responsibility or parenting time. Think twice before you say something you might regret, since your soon-to-be ex-spouse could use it against you.

Divorce can be a stressful and lengthy process. When children are involved, it can get even more complicated. If both parents cannot agree on child-related issues such as the allocation of parental responsibilities or parenting time, the final decision in these matters may need to be made by the court. In some cases, a judge may require the help of a neutral party who will not argue on behalf of either parent. Under Illinois law, a guardian ad litem (GAL) is defined as a lawyer appointed by the court in a divorce case who will help determine the best interests of a child. A GAL can be appointed if one parent is concerned about their child’s safety or well-being, or if a judge decides a GAL is needed during the negotiations.

What Does a Guardian Ad Litem Do?

In some divorce cases, one parent may wish to relocate to another state with the child due to a job transfer. Other cases may involve suspected child abuse or neglect by one of the parents. In these types of cases, or in other cases involving contentious disputes between divorcing parents, one parent may request that a GAL be assigned, and in other instances, a judge will automatically assign a GAL. A GAL is sometimes referred to as a “Child Representative,” since their primary concern is determining what is in the best interests of the children involved in the case. Judges respect the opinion of a GAL, his or her understanding of the law, and what is best for the child’s welfare. In a way, the GAL acts like a second judge on the case.

The judge will ultimately decide who should have parental responsibilities of a child, but often, the judge has no prior knowledge of the facts of a case. The GAL can provide the judge with details of the case, and they will typically file a report with the court. This report can include descriptions of issues between the parents or between the parents and the child.