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Lombard family law attorneysDivorce is extremely common, and sometimes, it can come at an inopportune time. Nowhere is this more apparent than in the case of military families, when essentially, there is no “good” time unless the person with a military career is essentially retired. To help military couples obtain a divorce in an amicable fashion without having to wait years, there are certain specific divorce laws that apply only to them.

Service and Timing Issues

The main issues in trying to obtain a divorce from an active duty military member are personal service and the possibility of default. A divorce can be filed in Illinois if one or both spouses either live in state permanently, or if one or both spouses are stationed in the state. However, in any contested divorce, the non-moving party must be served personally with a copy of the petition filed by their spouse. Otherwise the court, in theory, has no jurisdiction over them. In other words, without personal service, the military member would not have enough contact with the place where the court is for that court to have any power over him or her. If the divorce is not contested, personal service may be waived, but if it is contested, the rule is absolute.  This means that the personal service requirement can make going forward with the divorce very difficult if the military member is overseas or in a war zone.

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Posted on in Divorce

military divorce, divorce lawyer, reason for divorce, Illinois attorneyMilitary life can be difficult, particularly during wartime. As couples are forced to spend time apart and deal with the stresses that deployments present in addition to normal marriage challenges, it can sometimes strain a marriage to the point of divorce.

According to a recent RAND Corporation study, the divorce rate among military families increases directly in relation to the length of the deployment. Researchers found that more cumulative months of deployment increased the risk of divorce among couples, particularly for female service members. Though it is believed this may be because cumulative deployment is harder to adjust to in couples where the service member is female, this was not specifically addressed by the study. While any deployment increased the risk of divorce in military families, deployments to war zones in Iraq and Afghanistan resulted in a higher rate of divorce than those deployed elsewhere. The divorce rate was also higher for couples married before the terror attacks on September 11, 2001. Those couples were 28 percent more likely to divorce than military couples who married after the attacks. Researchers believe this may have been because couples married after 9/11 were more prepared for the challenges posed by military life than those who were married earlier. Interestingly, the risk for divorce is lower among military families that had children. Military life is not easy under any circumstances, but deployments into a war zone can be incredibly stressful. Unfortunately, sometimes a marriage cannot be saved no matter how hard both parties try. If you are considering filing for divorce, having a qualified attorney on your side can help. Contact the experienced family law attorneys at A. Traub & Associates, Attorneys at Law today. They can help ensure that the divorce process goes as smoothly as possible for you and your family.
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