Illinois Military Divorce Attorney

Let Our Skilled Divorce Lawyers Help

Military servicemembers enrolled in the U.S. military, unfortunately, can have a much harder time divorcing than the average civilian. If both people are enrolled in the military, it can be even more complex a case.

Call any of our locations for representation today!

  • Will, Kankakee, Grundy, or South Cook Counties: (888) 303-1846
  • DuPage, Kane, or Kendall Counties: (888) 339-4162
  • Cook County: (888) 351-2843

Protection for Active Military Spouses

If one spouse is a military servicemember on active duty, he or she may not be able to respond to their spouse's divorce action. While a civilian has 30 days to respond before the divorce goes into default, there are certain laws in place protecting active duty military members against being held in default for failing to respond. Under the Soldiers and Sailors Civil Relief Act, and in local Illinois court, the divorce proceeding can be postponed for the entire time the active service member is on duty and for up to 60 days after he or she returns.

Serving Active Military Spouses

If you are divorcing an active military servicemember, the active duty spouse must be personally served with a summons and a copy of the divorce action before an Illinois court has jurisdiction over the servicemember. In an uncontested divorce, the active duty spouse may not have to be served if he or she signs and files a waiver affidavit acknowledging the divorce is taking place.

State Requirements

To file in the state of Illinois, either you or your spouse must reside or be stationed in Illinois. Likewise, any grounds for divorce are the same as those in a civilian divorce.

Property Division

In a military divorce, normal Illinois property division laws as well as those enacted in the Uniformed Services Former Spouses’ Protection Act (USFSPA). This act dictates how military retirement benefits are calculated and divided upon the divorce. However, no retirement funds will be distributed to spouses who have been married less than 10 years to an active duty servicemember.

Child and Spousal Support

In the state of Illinois, neither child support nor spousal support may exceed 60% of a military member’s pay and allowances. In all other ways, child support and spousal support resemble civilian divorces under Illinois support guidelines.

Call Us for Skilled Legal Aid

If you need assistance in a military divorce, don’t hesitate to call us. Wakenight & Associates, P.C. has highly skilled Illinois divorce attorneys who would be happy to help you through the process. We understand this may be a stressful time for you and your family. Our lawyers are experienced in handling cases with dedication, knowledge, and compassion. Let us see what we can do for you in a free case consultation.

Call us or fill out our online form today to schedule your consultation!