Military Divorce Lawyer Serving DuPage, Will and Kendall Counties

Elite Lawyer

Skilled Divorce Representation for Military Families

DuPage County Military Divorce Attorney Also Serving Will and Kendall Counties

Divorce can be a complex, emotional process for any couple, but things become much more complicated when one or both spouses are members of the United States military. There are a wide variety of factors that must be considered in a military divorce, including rules about service of divorce papers, how being stationed overseas can affect the jurisdiction of a divorce case, the benefits a spouse is eligible to receive, and child custody. Addressing and resolving these issues requires the assistance of an attorney who is experienced in military divorce cases.

Attorney Sherby Dianne Scurto is a former member of the U.S. military, which provides her with an understanding of the issues that both service members and their spouses face during divorce. For skilled military divorce representation, contact us at 630-873-3559 to schedule a free consultation.

Experience

  • VietnamMilitary service - Vietnam Veteran
  • RepresentationRepresentation of servicemembers or spouses since 2005
  • ResolutionResolution of complex issues involving military benefits
  • advocacySkilled advocacy in child custody disputes
  • assistanceProviding assistance determining child support and spousal maintenance
  • ProtectionProtection for victims of domestic violence

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Case Jurisdiction

One key issue that complicates military divorce cases is the choice of the jurisdiction where the case will be heard. Depending on state laws, a person must meet certain residency requirements before they can file for divorce. When members of the military are stationed overseas or in a different state than where they legally reside, determining the correct jurisdiction for their divorce case may be difficult. Attorney Scurto will work with you to help you determine the right jurisdiction, make sure you meet your residency requirements, and ensure that your rights are protected throughout the divorce process.

Federal LawsFederal Laws and Benefits

The spouses of military members may be entitled to receive certain benefits after divorce. These benefits include health care coverage through Tricare, retirement savings through a Thrift Savings Plan, and a Survivor Benefit Plan that will provide pension payments to a former spouse after a service member's death. Attorney Scurto can protect your rights during divorce and ensure that you receive the benefits you deserve.

Civil Relief ActServicemembers Civil Relief Act

The SCRA is a federal law that prevents military members from facing legal action while they are on active duty or within 60 days of the end of active duty. If the spouse of a service member files for divorce, their spouse may request a stay of at least 90 days before they will be required to file a response. Attorney Scurto can ensure that military members or their spouses meet their legal requirements when filing for divorce or responding to a divorce petition.

 

Child Custody

Determining how to allocate parental responsibilities and parenting time can be a complicated matter when one or both spouses are in the military. Parents are required to create a Family Care Plan that specifies how children will be cared for when a parent is deployed on military duty. Attorney Scurto will work with you to make sure your parental rights are protected and help you create a parenting plan that meets military requirements while allowing you to continue to have the relationship you deserve with your children.
 

Domestic Violence

If domestic violence, child abuse, or spousal abuse is a factor in divorce proceedings, victims can obtain an order of protection that will provide for their and their family members' safety. When one spouse is a member of the military, additional resources may be available, such as a Military Protection Order or treatment through the Family Advocacy Program. Victims may also be able to receive transitional compensation and benefits if their spouse is discharged from the military because they committed abuse.

Child Support and Spousal Maintenance

A servicemember may be required to pay child support and/or spousal support to their former partner following divorce. There are certain rules that must be followed when determining the amount of support and how this support will be paid (typically through garnishment of the military member's wages). Attorney Scurto will make sure all factors that affect a military member's pay are taken into account when calculating support and ensure that all legal requirements are met when paying or receiving support.

Military Pensions and the 10-10 Rule

The pension a member of the military is eligible to receive is one of their most valuable assets, and their ex-spouse is entitled to receive a portion of this pension, based on the length of the marriage. The "10-10 rule" states that a non-military spouse may receive pension payments through the Defense Finance and Accounting Service (DFAS) if they were married for at least 10 years, and this time overlapped with 10 years of military service. Attorney Scurto can help ensure that military pension benefits are correctly allocated during divorce.

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Testimonials

Testimonials

Attorney Scurto was a blessing in my life. I was at a point of hopelessness and despair in my bitter and ugly 2 year custody battle with no ending whatsoever. It was a constant battle between my old lawyer and his lawyer. I had used up my savings and borrowed a lot of money, but no results other than another hearing, trial, and GAL meetings. From the first time we met, Attorney Scurto has been nothing but upfront with me. She told me how she would proceed with my case, what to expect, and the outcome of the ruling. She settled my custody case, finalized my divorce, and fought for my old lawyer’s fee petition. Not only was she able to do this in less than 6 months, but she kicked butt and won! I will forever be indebted to Attorney Scurto for giving me my life back and for not taking advantage of the situation for her own financial gains. Attorney Scurto is the best in her profession, and I cannot say enough great things about her as an attorney.

- Anne

Right from the start, Sherby showed that she is not only your lawyer, but someone who cares and wants to see a positive outcome. She is truthful and very knowledgeable and doesn’t like to waste time. She truly helped me with my out of state removal case, and after less than 6 months, I was able to move to my new home in Texas with my daughter. She dissected my case and made sure that she covered every angle. I truly appreciate everything she did, and I would recommend her to anyone I know that needs a family lawyer…Her professionalism and knowledge of Illinois laws will speak for itself.

- Kimberly

Attorney Sherby Dianne Scurto was extremely attentive from our initial phone consultation to our very last meeting. She is and was above and beyond responsive and prompt with following up. Not a single e-mail or phone call was left unanswered, and she kept her word every time. Highly knowledgeable in her field, I felt at ease 100% of the time with Attorney Sherby. My case was handled not only with high professionalism, but also with just the perfect dose of warmth, smiles, and a GREAT sense of humor. She is and was always looking out for her client’s best interest no matter how difficult the issue. I can honestly say she is not only an amazing attorney who takes care of business promptly, but an individual who can be trusted. I highly recommend Attorney Sherby.

- Jen

I wanted my divorce to be simple and over with as quickly as possible, but Sherby made sure to help me be aware of what I was legally entitled to and if it was worth it to pursue those things in lieu of a quick dissolution. She was knowledgeable, friendly, and always quick in getting back to me. She made the process quick, easy, and easy to understand, and I greatly appreciate it. I would absolutely recommend her to those who need help with their divorce, especially those who have a spouse in the military. She understands the special needs of those who have served and who have spouses who have served/are currently serving. Having to work around that can complicate things, but she knows what she is doing.

- Satisfied Client