Military Divorce

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You will discover that we guarantee to make the legal process understandable and that we have a proven track record for obtaining positive results for our clients.

Legal matters can cause anxiety and worrying about the process or results and can affect your health and well-being.  You will love having a law firm that gives priority to your individual
interests and you should expect we will use our best efforts to obtain results for you.

If we accept your case for representation, you can let us worry about obtaining a successful outcome for you.  In order to attempt to save you money and obtain the results you are seeking in an expeditious manner, we generally commence working on any case we accept for representation immediately and we keep you
timely advised in regard to the process.

We are never too busy to meet or communicate with you in any manner as may be appropriate.  You should know that if you are our client we will do our best to make sure your interests are protected and we will vigorously advocate your positions to obtain the best results.

JURISDICTION REGARDING CASE AND PARTIES– A Court may have jurisdiction over the parties, but not the property, including  certain properties located in a different state.

SERVICE OF PROCESS
In regard to the parties, service of process can be an issue in regard to where the parties may be located.

THERE MAY BE ISSUES UNDER THE SERVICEMEMBERS CIVIL RELIEF ACT
There could be child support issues with respect to the military, and there may be other agencies or entities involved in regard to child support issues for military families.

MILITARY ISSUES– Issues unique to the military may include taxable and nontaxable income, the differences between BAH and BAH II, military rank, longevity, pay and allowances, BAS (Basic Allowance for Subsistence), etc.

MILITARY RETIREMENT – There can be issues in regard to the military retirement calculation, drafting, acceptance, clarification, enforcement and pre-dissolution and/or post-dissolution issues.

RESOURCES– Resources may include the service member’s Chain of Command, Post-Legal Assistance Office (SJA), Claims (SJA), Trial Defense Service, The Unit Chaplin, The Inspector General, AER (Army Emergency Relief), Family Advocacy, Finance, Transportation, TRICARE, Red Cross, Mental Health, CID/MPs, Armed Forces YMCA, ACS (Army Community Services), Veterans Administration.

MILITARY LAW MATTERSMilitary retirement, military pensions, alimony/maintenance and child support, military divorce and separation, administrative separations, administrative hearings, etc.

MILITARY PENSIONS – Military pensions are subject to different rules than Qualified Domestic Relations Orders for private retirement accounts or Domestic Relations Orders for state and municipal pensions.

SPECIAL RULES FOR ALIMONY/CHILD SUPPORTThe determination of income and collecting support can be more complicated because of regulations governing retired members of the military.  “Disposal retirement income” is important in establishing support orders with respect to retired military personnel.

ADULTERY IN THE MILITARY The elements of proof for the offense of Adultery in the military includes that the accused wrongfully had sexual intercourse with a certain person, that at the time the accused or the other person was married to someone else and the conduct of the accused was to the prejudice of good order and discipline in the armed services or was of a nature to bring discredit upon the armed services.

BEING IN THE SERVICEBeing a service couple does not exempt the parties from the requirements as civilian couples must meet when filing for divorce.

UNIFORMED SERVICES FORMER SPOUSES PROTECTION ACT (USFSPA)The USFSPA applies to all active duty, reserve/guard and retired military, the U.S. Coast Guard and members of the U.S. Public Health Service (USPHS) and Nation Oceanographic and Atmospheric Administration (NOAA).

ISSUES THAT MAY IMPACT MILITARY DIVORCES – Issues that may impact military divorces include procedural requirements, property distribution, child support and/or maintenance, insurance and benefits, pensions and retirement.

“AV” Rating

Blake Law Group, P.C. has received an “AV” rating from Martindale-Hubbell Law Directory, the most trusted and respected service for rating attorneys in the United States. The “AV” rating is the highest possible rating for legal abilities and reputation by other lawyers.

Referrals

We often receive referrals from other attorneys who may not practice, at least to the extent we do, in regard to certain areas of the law, including complex family matters. As a result, this has increased our volume of cases and expertise in this area of the law.

We have been involved in various legal matters in numerous counties throughout Illinois, including Bond County, Clay County, Clinton County, Effingham County, Fayette County, Franklin County, Green County, Hamilton County, Jackson County, Jefferson County, Jersey County, Johnson County, Macoupin County, Madison County, Marion County, Monroe County, Perry County, Randolph County, St. Clair County, Salem County, Union County, Washington County, Wayne County, White County, Williamson County, Edwards County and including cities such as Belleville, Edwardsville, Collinsville, Alton, Carlyle, Greenville, Vandalia, Bloomington, Springfield, Vienna, Pinckneyville, Nashville, Jerseyville, Carrollton, McLeansboro, Carmi, Marion and Carbondale.