Does the Servicemembers Civil Relief Act apply to a military divorce?

Yes, the Servicemembers Civil Relief Act (SCRA) does apply to military divorce in Wisconsin. The SCRA is a federal law that protects active-duty military members from having to face some civil obligations while they are away serving our country. In relation to military divorce, the SCRA can be invoked to delay court proceedings if the service member cannot be present due to their service. This can be especially helpful if someone is deployed and unable to be at court hearings or to file the necessary documents. The SCRA also sets forth rules regarding the division of military benefits. In some cases, military benefits, such as pensions, can be divided between a service member and their former spouse. In Wisconsin, a military divorce works the same way as a civilian divorce. Both parties must agree to the division of assets and the court must approve the agreement between the parties. The SCRA does not supersede Wisconsin laws; it is designed to supplement them. Ultimately, whether or not the SCRA applies to a military divorce in Wisconsin is dependent on the individual situation. To ensure you are making the best decisions for yourself in a military divorce, it is important to speak to an experienced attorney familiar with the SCRA.

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Does the Servicemembers Civil Relief Act apply to a military divorce?

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