Essential Considerations for a Divorcing Couple Who Both Serve in the Military

 Posted on July 17, 2023 in Divorce

Divorce is a complicated process, often filled with deep emotions and sadness. On top of divorce’s typical complications, when both spouses serve in the military, there are additional factors that come into play that must be addressed. Today, we shed light on essential considerations that divorcing military couples in Illinois should be aware of in order to ensure the process can be as smooth as possible. 

If you are a military member getting a divorce, you need experienced legal guidance from an attorney who understands the divorce process for armed forces members. Contact a divorce lawyer to ensure your legal needs are met and that you have a legal advocate in your corner throughout proceedings. 

Residency Requirements for an Illinois Military Divorce

For any divorce in Illinois, especially in the early stages, residency requirements are important. The Illinois Marriage and Dissolution of Marriage Act states one spouse must be stationed in or reside in Illinois for a period of at least 90 consecutive days before filing for divorce. 

Military couples often face jurisdictional challenges since they may be stationed in different states or overseas. In Illinois, the Service Members Civil Relief Act protects active-duty members by ensuring that if they do not respond to a divorce summons because they are deployed, they will not be held in default. As such, the divorce can be postponed for whatever time the military spouse is on active duty, including another 60 days once the active duty ends. That being said, if a deployed military member wants to waive this right, they may.

How is Child Custody Handled?

In Illinois, the courts are most concerned with the well-being of the child regarding matters related to child custody. As a result, if an individual is on active duty, the court may decide to grant the parent who is not deployed full parental responsibilities and parenting time. However, once a deployed parent is home, a child custody order can be modified to better reflect the circumstances at that time. 

However, a change in circumstances does not guarantee a child custody order will be modified. Work with your attorney to ensure you understand the factors that affect child custody to ensure you can make well-informed decisions as you pursue a custody modification. 

Contact a DuPage County Divorce Attorney

If you are a military member getting a divorce, contact the skilled Wheaton divorce lawyers with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation. 

Source - https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3420&ChapterID=33