Men and women serving in the military perform a vital role for the country, allowing those of us not in the military to live our lives safely and comfortably. Because of this, Illinois, like many other states, protects military men and women from being “defaulted” by not filing an appearance or a response to a Petition for Dissolution of Marriage because they are on active duty. There exist many rules and regulations that must be followed for military members when deciding to move forward with a divorce in Illinois—the Law Office of Nicholas Baker knows how to properly navigate these rules to make your divorce process as smoothly as possible.
Our Office Offers Military Men and Women a 10% Discount!
Because of the many unique issues that come up in a military divorce versus a civilian divorce, it is necessary to have an understanding of the state and federal laws that apply to these situations. Illinois law requires a response be filed to a Petition for Dissolution of Marriage within a tight 30-day time frame—this presents a problem for many military service men and women, especially if they are stationed overseas or are on active duty.
We Will Fight to Make Sure that Your Rights are Protected
Federal law, the Service Members Civil Relief Act of 2003 (SCRA), states that a divorce proceeding may be postponed while a service member is on active duty in order to protect their rights. Still, the active military member must be personally served with a summons and the Petition for Dissolution of Marriage. The Law Office of Nicholas Baker, in these instances, attempts to have the active military member waive service by signing a waiver of service affidavit. This makes things easier and oftentimes takes much of the drama out of the divorce action. Calling our office now ensures you that a professional is taking care of your matter with the care you deserve.
Illinois still requires the same residency and filing requirements as outlined under Illinois law, that you or your spouse must either reside in Illinois or be stationed in Illinois for at least the last 90-days.
As discussed on this website, Illinois has numerous laws and rules regarding the division of property and debts in an Illinois divorce—many of them apply to military divorces as well, but there are some exceptions. For example, the Uniformed Services Former Spouses’ Protection Act controls the process by which a military members retirement pension is to be divided in the event of a divorce. Most attorneys do not realize that this Federal Law supersedes Illinois law and that, although a military members retirement can be divided upon divorce, it will not allow a spouse to receive a portion of the retirement direct from the Department of Defense unless the marriage has lasted for at least 10-years. The Law Office of Nicholas Baker knows how to deal with these and many others issues that arise in dividing up property in military divorces. Protect your rights, call now.
Rules regarding child support and maintenance (formerly known as alimony) may also differ in military divorces. But the normal child support guidelines are generally followed. Again, there are many laws that alter the normal Illinois rules on child support and maintenance and our office can navigate you through this difficult time. Fill out the form on this page, or just pick up the phone and give us a call, we’re happy to discuss your options in a confidential manner! And we’re happy to show our thanks for your service by offering military personnel a 10% discount on family law services.