Yes, deployment can delay a military divorce in Illinois under the protections of the Servicemembers Civil Relief Act (SCRA).
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Understanding Deployment and Divorce in Illinois
The Servicemembers Civil Relief Act (SCRA) is a federal law designed to protect active-duty military members from legal and financial obligations that could interfere with their service. When one spouse is deployed, the SCRA can delay divorce proceedings to ensure the service member has adequate time and opportunity to participate in the case.
Legal Context for Delaying a Military Divorce
Under the SCRA, a service member can request a delay (a stay) of legal proceedings, including divorce, for the duration of their deployment and for up to 90 days after returning. This delay ensures the service member is not disadvantaged by their inability to attend hearings or respond to legal documents.
Key Points About Deployment and Divorce:
- Automatic Stay Provision:
- Service members can request an automatic 90-day stay upon providing proof of deployment and a written request.
- Extensions of the Stay:
- Additional delays may be granted if the court determines the service member’s participation is still hindered.
- Impact on Custody and Support:
- Deployment-related delays may temporarily affect custody and support arrangements, but the court ensures that decisions prioritize the child’s best interests.
Example Scenario:
A deployed service member may request a delay in divorce proceedings to ensure they can attend hearings and provide necessary documentation upon returning.
Steps to Request a Delay Under the SCRA
- Notify the Court:
Submit a written request for a stay, explaining how deployment affects your ability to participate. - Provide Proof of Deployment:
Include documentation such as military orders or a letter from your commanding officer verifying your service obligations. - Request Extensions (if necessary):
If additional time is needed after the initial 90-day stay, file a motion with the court requesting an extension. - Resume Proceedings Post-Deployment:
Once the deployment concludes, work with your attorney to resume the divorce process and address unresolved issues.
How Attorneys Can Help
An experienced family law attorney can:
- Advise on how the SCRA applies to your case.
- Assist with requesting a stay or addressing deployment-related delays.
- Advocate for fair custody, support, and property arrangements despite deployment challenges.
- Ensure compliance with federal and Illinois-specific laws governing military divorces.
Need Help With a Military Divorce?
Call (630) 366-1760 to consult with a family law attorney. We’ll guide you through the complexities of military divorce and ensure your rights are protected during deployment.
Disclaimer: This page provides general information and is not intended as legal advice. For personalized assistance, consult a licensed attorney.
