Yes, a deployed service member can file for divorce in Illinois, but certain legal protections, such as the Servicemembers Civil Relief Act (SCRA), may delay proceedings.
>>> Looking for a Military Divorce Attorney in Naperville, IL? Check out this page <<<
Understanding Divorce During Deployment
Filing for divorce while deployed can present unique challenges due to the service member’s military obligations. Federal and Illinois laws provide specific protections to ensure fairness for service members involved in legal proceedings, including divorce.
Legal Context for Deployed Service Members
Federal Protections:
- Servicemembers Civil Relief Act (SCRA): This federal law allows deployed service members to request a stay (postponement) of legal proceedings, including divorce, if their military duties prevent them from actively participating in the case.
Illinois Residency Requirements:
- To file for divorce in Illinois, at least one spouse must have lived in the state for 90 days before filing. A service member stationed in Illinois may also meet the residency requirement, even if their deployment takes them out of state.
Filing While Deployed:
- Service members can initiate the divorce by filing through an attorney or electronically, depending on the jurisdiction. However, their participation in subsequent proceedings may require remote communication or legal representation due to deployment.
Steps for Deployed Service Members Filing for Divorce
- Establish Residency
Confirm residency or stationing in Illinois to meet the state’s filing requirements. - Consult a Military Divorce Attorney
Seek legal guidance to understand rights under the SCRA and Illinois laws. - File the Divorce Petition
The divorce petition can be filed through an attorney or remotely if local rules permit. - Address SCRA Protections
If the non-filing spouse is also in the military, be aware of their rights to request a stay under the SCRA. - Participate in Proceedings
Arrange for representation or remote participation if deployment prevents attending court dates in person.
How Attorneys Can Help
An experienced military divorce attorney can:
- Assist with filing for divorce while protecting your rights under the SCRA.
- Navigate jurisdictional challenges and Illinois residency requirements.
- Represent you in court while you are deployed.
- Ensure a fair division of marital assets, including military benefits.
Need Help Filing for Divorce While Deployed?
Call (630) 366-1760 to speak with a knowledgeable military divorce attorney. We’ll guide you through the process and ensure your rights are protected, even during deployment.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
