When you begin a divorce or family law case in Illinois, there may be required documents that must be filed before your case can move forward. One of those is the Affidavit as to Military Service. While it may look like a routine form, it serves an important role in protecting the rights of individuals serving in the United States Armed Forces.
What the Military Service Affidavit Does
The Military Service Affidavit is a sworn statement confirming whether the other party in your case is currently active, or serving, in the military. This is important because service members have legal protections under the Servicemembers Civil Relief Act (SCRA). These protections can affect how and when the court proceeds with your case, especially if one party is stationed, deployed or unable to appear in court.
The courts use these affidavits to ensure equality and compliance with both state and federal law. Without a military service affidavit, a case involving a service member could be delayed, reopened, or disputed later.
Are The Forms the Same in Illinois?
The form itself can vary from county to county in Illinois. Each Circuit Court Clerk typically provides its own version of the Military Service Affidavit, typically with the county name and court caption already included. For example, Cook County, Will County, and Kane County each publish their own versions of the affidavit on their respective websites.
However, the purpose and general process are the same statewide. Whether you are filing in Will County, Cook County, Kane County, or any other circuit, the affidavit must:
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Identify the case name and number
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State whether the opposing party is or is not in military service (or note if you are unable to determine)
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Be signed under oath or affirmation (some counties require that it is notarized)
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Be filed with the court as part of your initial or default paperwork
While the layout of each county’s forms may look different, the information that is required and the steps for completion are consistent
How to Complete the Military Service Affidavit
Download the correct form. Visit the website of the Circuit Clerk’s Office for the county where your case is filed and locate the “Affidavit as to Military Service.” Using the county’s form that your case is being filed in ensures that it meets local filing requirements.
Fill in the case caption. Include the names of the parties and the case number exactly as they appear on your other court documents.
Select the correct statement. Indicate whether the other party is, is not, or you are unable to determine if they are in military service. If you are unsure, you can verify status through the Department of Defense’s SCRA website.
Provide a factual basis if needed. If the form asks for details supporting your statement, explain how you determined the person’s military status (for example, that you searched the SCRA database or have received direct confirmation from the individual).
Sign and date under oath. Some counties require a notary while others allow you to sign under penalty of perjury. Be sure to check the instructions on your county form.
The affidavit is typically submitted along with your initial case filing or when requesting a default judgment if the other party has not responded. If our team is assisting with your case, we will prepare and file the affidavit on your behalf to ensure everything is completed accurately and in compliance with court requirements.
Why Accuracy Matters
Completing this affidavit correctly ensures your case proceeds smoothly and protects everyone’s rights. If the court discovers later on that a party was on active duty and the affidavit was missing or incorrect, the case may need to be reopened. Taking the time to confirm and document military status will prevent unnecessary delays and adheres to procedure.
For More Information
While each Illinois county may have a slightly different version of the Military Service Affidavit, the overall process and purpose remain uniform. It is a short form that confirms compliance with the Servicemembers Civil Relief Act and helps your case move forward fairly and efficiently.
If you’re unsure about which form to use or how to complete it, our team at Sterk Family Law Group, P.C. can help guide you through the process and ensure your filings are handled properly. Contact us at (815) 600-8950 or complete the form below to schedule a free, confidential consultation.