${site.data.firmName}${SEMFirmNameAlt} Main Menu
Call Today: 855-805-0595

The Servicemembers Civil Relief Act

38961818_S.jpgOne unique aspect of military family law is that the federal Servicemembers Civil Relief Act may apply to child custody, paternity, divorce or child support actions involving an active duty member of the military, particularly when that person is deployed.

It is relatively odd that federal law regulates topics that are normally matters left up to the different states, but Congress thought it was appropriate that soldiers and sailors who were away serving the United States should not have to worry about various legal matters taking place at home, especially litigation that the servicemember simply cannot attend or devote time to.

Even in civil family law matters that affect children, the Act gives a soldier or sailor the right to claim a legal delay in the final proceedings until several weeks after they return home from deployment. Should they properly do so, an Illinois court will not be able to issue any final orders in a divorce or other family law case until the mandatory waiting time elapses.

The Act does not, however, prevent a court from issuing temporary orders. For instance, if it happens that the father is deployed, then a mother at home can obtain an order awarding her custody of the children on a temporary basis, as the Act is not intended to create a situation in which a child is in legal limbo.

The Servicemembers Civil Relief Act can raise a variety of legal questions in the minds of both military personnel who want to invoke their rights under it and those Springfield, Illinois, residents who would prefer to get things done in their family law case more quickly. An Illinois attorney with experience in military family law can help answer these types of questions.

No Comments

Leave a comment
Comment Information
2015 Top 100 Lawyers - ASLA Lead Counsel Rated Rated By Super Lawyers American Legal Institute | America's Top Attorneys 2016 Nation's Premier Top Ten Ranking 2016 | NAFLA 10 Best 2014-2017 | 4 Years Client Satisfaction | American Institute of Family Law Attorneys ™ Avvo Rating 10.0 Superb The National Trial Lawyers National Association of Distinguished Counsel | Nation's Top One Percent National Academy of Jurisprudence Rue Rating | Best Attorneys Of America | Lifetime Charter Member The National Advocates Top 100 Lawyers | America's Premier Attorneys Law Firm 500 | 2016 Honoree America's Top 100 Attorneys American Jurist Institute Top 10 Attorneys American Jurist Institute Top 10 Attorneys 2017
Stange Law Firm, PC

Stange Law Firm, PC
400 S. 9th St.
Suite 100
Springfield, Illinois 62701

Toll Free: 855-805-0595
Fax: 314-963-9191
Law Office Map