The Law Office of Christina Martell
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Naperville military divorce attorney

Going through a divorce is never an easy task. Emotions are high, marital assets must be divided equally, and financial instability can cause issues. When one or both spouses are members of the military, things can become even more complicated. Fortunately, you have options to protect you, your rights, and your responsibilities. If you or your spouse is an active member of the military and are seeking a divorce, it is important to contact a skilled legal professional to help navigate your case. 

Waiting Period

Members of the military, especially those overseas, are subject to safeguard under the Servicemembers Civil Relief Act (SCRA). The SCRA provides legal and financial protection against all non-criminal judicial proceedings such as legal contracts, health insurance, power of attorney, and divorce. Within a divorce, the SCRA allows any proceedings against an active service member to be paused until they are off duty. Because of this, your divorce proceeding may be delayed.

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Naperville uncontested divorce attorney

The decision to divorce can be difficult for many couples, regardless of whether they were married a few years or a few decades. According to the Illinois Marriage and Dissolution of Marriage Act, a divorce may be granted when “irreconcilable differences have caused the irretrievable breakdown of the marriage” and efforts at reconciliation have failed or future attempts to reconcile would not be in the best interests of the family. Illinois is known as a “no-fault” state, meaning one or both spouses do not need to find an issue within their marriage, such as violence, substance abuse, or adultery, to file for a divorce. An uncontested divorce occurs when both you and your spouse mutually agree to the divorce and are able to reach a settlement on the outstanding issues, such as allocation of parental responsibilities, spousal support, child support, and asset/property division.

Reasons to Choose Uncontested Divorce

An uncontested divorce allows you and your spouse to reach a settlement in a quick and efficient manner compared to a contested divorce, in which various issues may need to be settled in court. The advantages of choosing uncontested divorce include, but are not limited to:

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