Military Family Issues Law in Geneseo, Illinois
Because of the demands and unique nature of military life, often times a different set of legal rules and procedures surround military families. These differ from the ones used in the civilian legal system. For example, federal law controls military pension plans, particular child support guidelines, and military workers compensation. Consequently, an attorney that is familiar with both civilian and military law is invaluable to those in military families.
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Filing for a divorce may be more difficult for the military family rather than if it done under civilian conditions, because of the geographical obstacles. Jurisdiction or residency requirements for divorce, child support, and custody are usually determined by where you permanently reside and not where you are stationed.
It is important to note that, in most cases, a divorce while in the military usually results in the loss of military entitlements such as ID cards, base housing, healthcare and insurance to the non-military spouse.
Many military servicemen fear that their legal rights may be compromised because of the demanding requirements of military life. However, military servicemen are afforded additional protections in order to safeguard their legal interests. Some of the most important are:
- If military service prevents the servicemen from actively participating and preparing his legal case, then a stay (or delay) will be granted. The stay is generally the time in service plus 60 days
- If the serviceman is absent, counsel must be appointed on their behalf to request a stay
- A judgment or wage garnishment can be stayed if military service materially affects compliance
- Servicemen always have the ability to reopen any default judgment if he or she can prove that:
- There was no appearance in court
- There is a legal defense that he or she can assert but was not given the chance to
- Service affected his/her ability to assert the defense
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Because of the special circumstances of military life, it may be wise to consult with an attorney in Geneseo, Illinois who is familiar with both civilian and military law. Speaking with the proper attorney will inform you of your rights as well as preserve any possible legal remedies you may have.
