What are the specific laws surrounding military divorce?

In Nebraska, military divorce is governed by federal law, the Servicemembers Civil Relief Act (SCRA). This act recognizes the unique circumstances of military life and provides certain protections to members of the armed forces and their families in the event of a divorce. In order to qualify for SCRA protection, the military member must have been on active duty or receiving military pay from the government when the divorce action was initiated. Nebraska allows the court to suspend or delay a divorce action if the military member is unable to appear due to an active duty obligation. Other protections offered by the SCRA include the ability for the military member to have temporary child custody arrangements made if they are absent due to official military duties. They are also allowed to keep any military benefits, such as health care, housing, and pay, despite the divorce. If the military member’s spouse is not a beneficiary, they will remain the beneficiary until the military member has a chance to make other arrangements. The SCRA also has a provision that requires military members to pay their support obligations on time. Failure to do so may result in the court making a garnishment order against the military member’s pay or other assets. The SCRA requires that if the military member was the petitioner in the case, the court must schedule a hearing within 30 days of the military member’s return from active duty. The hearing should be specifically scheduled for the military member so that they can be present.

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What are the specific laws surrounding military divorce?

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