What is the Servicemembers Civil Relief Act and how does it apply to military divorces?
The Servicemembers Civil Relief Act (SCRA) is a federal law that provides military personnel with certain financial, legal, and other protections while they are on active duty or in a period of deployment. This includes protection from court orders that could interrupt or interfere with their ability to complete their service. When it comes to divorce, the SCRA grants special powers to military members that their civilian counterparts do not have. This includes the ability to delay legal proceedings, such as divorce or child custody hearings, during times of deployment or active duty service. This gives the military member time to catch up on any missed court dates or paperwork while they are away. The law also stipulates that divorces can be postponed while a service member is on duty, unless the court finds “good cause” to proceed. In addition, the court can impose a stay of proceedings to allow the service member to attend court hearings. The SCRA also provides protections for military members against default judgments in instances where the service member does not appear in court due to active duty service. In these cases, the court is required to hold a hearing to determine if the service member was on active duty and whether they should be held responsible for the default judgment. Finally, the SCRA also allows service members to modify or suspend certain financial obligations, such as mortgages and credit card payments, in order to accommodate their service obligations. This is designed to protect service members from financial hardship during their active duty service. In summary, the Servicemembers Civil Relief Act provides valuable legal and financial protections to military personnel during times of deployment and active duty service. These protections help military members to manage the legal proceedings of divorce in addition to mitigating any financial obligations.
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