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 protections for members of the United States Armed Forces who are affected by civil actions such as divorce. The purpose of the SCRA is to provide soldiers with additional time to respond to legal proceedings as a result of their military service. In Wisconsin, the SCRA grants military members with certain rights in a military divorce. This includes the right to postpone legal proceedings, such as a divorce, while the soldier is actively deployed. Additionally, the SCRA requires courts to consider the military member’s ability to pay legal fees or alimony payments while serving in the military. In addition, the SCRA grants military members with the right to choose the state in which they wish to file for divorce. The choice of state can have an impact on which laws apply to the marriage as well as the division of marital property. If the military member wishes to have the divorce proceedings take place in a state other than Wisconsin, the court must grant the military member’s request. Finally, the SCRA prohibits courts from awarding alimony to a military member’s spouse if the military member is unable to make such payments due to their military service. This provision seeks to ensure that military members are not unfairly burdened with financial obligations while they are away from home serving their country. In sum, the SCRA grants military members with specific rights and protections in a military divorce. These rights include the right to postpone proceedings, the choice of state in which to file for divorce, and the ability to protect military members from unfair financial obligations.

What is the Servicemembers Civil Relief Act and how does it apply to military divorces?

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