Does the Servicemembers Civil Relief Act apply to a military divorce?
The Servicemembers Civil Relief Act (SCRA) does apply to a military divorce in California. It is important to know that the SCRA has certain provisions that limit a service member’s ability to be divorced, including the ability for a state court to put a divorce on hold if a military member is called to active duty. This means that the service member’s divorce proceedings may get delayed if they are called to active duty during the process. The SCRA also allows service members to temporarily suspend certain debt payments and make deferred payments while they are on active duty. This includes any debt that was incurred before they were called to active duty. In addition, service members can also be given more time to respond to court proceedings while they are deployed. When it comes to getting divorced in California, the service member must still meet the same requirements of anyone else getting divorced in the state. The service member must prove that irreconcilable differences exist in order for the court to grant the divorce. This means that the service member and their spouse must have been separated for at least six months before the court will grant the divorce. In conclusion, the SCRA does apply to military divorces in California and can help provide some relief to service members who are going through the divorce process while they are on active duty.
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