Your duty has brought you to a station far from home when you suddenly receive notice that your spouse has served you with divorce papers. Because divorce proceedings can move quickly, the last thing you want to happen is a default.
Fortunately, federal law provides a critical safety net. Understanding your rights under the Servicemembers Civil Relief Act (SCRA) is important.
What the tactical pause allows service members
You have the right to request a pause on divorce if your duties prevent you from being in court. It is essential to note that this applies if you are currently on active duty or 90 days thereafter and received notice of the action. To activate the pause, you must provide two things:
- Personal letter: Explains how your military duty keeps you from court and provides a date when you think you will be available
- Letter from your commander: Confirms that your duty prevents you from appearing in court and that you cannot take leave at that time
Failure to act is not an option. Without these documents, the divorce proceeding will continue as scheduled.
When an extension is possible
Sometimes, your active duty can extend beyond the 90-day pause. If this is the case, you may ask for an additional stay. The court will decide if more time is truly needed. If the judge refuses to grant this request, they must appoint counsel to represent you. They also cannot enter a default judgment against you unless you have an attorney to represent your interests.
Why you still need to address the divorce
While the SCRA can provide protections, it does not permit you to avoid divorce fully. Eventually, the stay will lift, especially if the courts did not grant you an extension.
Whether you are navigating a pension division or fighting for parenting time, you deserve a strategy that protects what you have built. Seeking legal counsel is wise to approach the matter with caution.