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Can I Divorce My Spouse While They Are Deployed?

 Posted on November 29, 2023 in Divorce

Wheaton Family Law Attorney

Divorce is a difficult decision, and when one spouse is deployed on a tour of duty in the armed forces, it can add additional complexities to the process. If you are considering divorcing your spouse while they are deployed, it is essential to understand the legal requirements and procedures involved. Begin by contacting a qualified lawyer who will be aware of the critical aspects of a divorce when one spouse is serving in the military. 

Beginning the Process 

At the outset of the process, you must first consider the residency requirements in Illinois. When it comes to Illinois divorce, you or your spouse must have lived in the state for at least 90 days before filing for divorce. This residency requirement applies to both military and civilian people. Therefore, if you or your spouse meet this first criterion, you can proceed with filing for divorce in Illinois. 

Servicemembers Civil Relief Act (SCRA)

The SCRA provides certain legal protections to active-duty military personnel, including a stay on legal proceedings while they are deployed. However, it is important to note that the SCRA does not prevent a spouse from filing for divorce; it only allows for a temporary delay. Therefore, you can initiate divorce proceedings while your spouse is deployed, but the actual divorce may not be finalized until they return or are available for legal proceedings. 

Child Custody and Support in Military Divorces

Matters involving child custody and child support are significant considerations in any divorce involving children, but in military divorce, when one spouse is deployed, the situation becomes even more complex. Like in regular circumstances, the court will look to safeguard the best interests of the child when determining custody arrangements. Moreover, it will be imperative you create a parenting plan that considers the unique circumstances of deployment, including visitation schedules and communication methods. 

Legal Assistance 

Given the complexities involved in divorcing a deployed spouse in Illinois, it is recommended to seek legal assistance from an experienced divorce attorney. They will have a comprehensive understanding of the law surrounding this unique divorce scenario and will work tirelessly to protect your rights and interests. 

Contact a DuPage County, IL Divorce Lawyer

Divorces do not always go according to plan, as so many moving variables make it essential to consider each step in the process carefully. To help pursue your legal goals, contact the skilled Wheaton, IL divorce attorneys with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation. 

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