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: (708) 480-9651
- DuPage, Kane, or Kendall Counties: (630) 528-0734
- Cook County: (815) 458-5660
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.
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.
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
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!