Chicago Military Divorce Lawyer
Serving Military Men & Women Throughout Chicagoland
The divorce process is complicated enough as it is, but when one or both spouses are members of the military, it is exponentially more difficult to navigate. If you or your spouse has served or still serves in the military and wishes to end your marriage, then you will need a knowledgeable legal advocate on your side to ensure your interests and rights are protected.
Residency & Filing Requirements for Divorce in Illinois
Generally, a couple must file for a divorce in the state where they live. However, this is not always easy for members of the military who are on active duty. At any given time, active members might be deployed, which can create some issues when filing for divorce. In some cases, a couple might not have resided in a state long enough to meet its residency requirements.
Under these circumstances, you could either file for divorce in another state or you can wait until either you or your spouse meets the residency requirements in Illinois, which is 90 days. If the active duty service member was stationed in Illinois for 90 days, this also satisfies the residency requirements for the state. If he or she is stationed or deployed in a different state, and neither you nor your spouse was a resident of Illinois for at least 90 days, you might need to file for divorce in a different state.
Serving an Active Duty Member with Divorce Papers
If you are filing for divorce and your spouse is an active duty member, they must be served with divorce papers in person. If the divorce is uncontested, the spouse of a military member can waive the affidavit and forego serving divorce papers in person.
How the SCRA Protects Members of the Military
Members of the military are protected by federal law from being divorced without knowing the action was filed in court. Therefore, under the Servicemembers Civil Relief Act (SCRA), a military divorce in Illinois can be postponed if the spouse is on active duty. If the active duty service member wants the divorce proceedings to move forward, they can waive these protections.
Call the Law Offices of Jonathan Merel, P.C. for Assistance
If you or your spouse is in the military, and you are in the process of getting a divorce, reach out to the Law Offices of Jonathan Merel, P.C. for the legal advice you need to navigate this complex situation. Our team has an in-depth understanding of the divorce process for active duty members and will work diligently on your behalf to ensure your rights and interests are protected.
Call us at (312) 487-2795 to schedule a free 20-minute consultation with a Chicago military divorce lawyer.
They were thorough, thoughtful, respectful and always acted with my interests at heart.- Former Client
Jonathan and his team are everything you want in a lawyer.- BCT
I cannot stress enough how happy I was with their performance and I highly recommend that anyone with a Family Law matter have the Law Offices of Jonathan Merel represent them.- Richard
Jonathan is a great lawyer with great services and results- John
I highly recommend Jonathan and his firm for their professionalism, experience and for getting results!- Matt