Congress has enacted legislation to protect active duty military members from certain legal proceedings while on active duty. The purpose of the legislation is to allow the military member to concentrate on their duties free on concern from what is going on at home. This act applies to military divorce.
Service Members Civil Relief Act
The Service Members Civil Relief Act (SCRA) passed in 2005 expanded and updated the Soldiers and Sailors Civil Relief Act. It covers many areas including, credit card interest, evictions, civil law suits, and many other areas. It applies only to civil proceedings against a service member or their family; it does not apply to criminal actions.
Divorce and SCRA
A court may delay legal proceeding for the time that the service member is on active duty and for 90 days following active duty. If your spouse is overseas or on active duty, the petitioning party can request that, the military serve the service member but the service member does not have to accept service. Each jurisdiction had a different method of dealing with the requirements of the SCRA. Procedures may differ but when filing a divorce petition with at least one spouse in the military, a petitioner will have to certify that either the military spouse had accepted service or that neither party is in the military. If one of the parties is in the military and on active duty the divorce, action can be delayed using the SCRA.
Do you need a lawyer?
Legal counsel is needed for complicated divorce proceedings. The notice requirements of the SCRA can significantly complicate the divorce. If one of the parties is a military member, you should determine whether the lawyer you consider hiring has experience in handling the military issues that will arise in your divorce.
