Military Divorce - Are you on active duty?

Military Duty and Divorce Proceedings

Unlike other jobs, military duty can require a Service Member (SM) to be posted far away from the place where court proceedings are held. While it is true that some other professions also require this, the US government has granted special privileges to military members in this regard. The act under which they are granted these special exemptions is called the Servicemembers Civil Relief Act (SCRA).

The SCRA covers a wide range of situations in which mililtary members find themselves and has been amended several times to include new ones. The last amendement as of this date took place in 2003 under President Bush. It provides protection against default judgements, evictions, mortgage issues, life insurance, taxes, and many more cases where active duty can prevent an involvement in the case. In the case of a military divorce, it's recommended that you contact a Colorado Springs military divorce attorney to understand how the act impacts your specific case.

Provisions under the SCRA

A court can authorize a stay if a service member has received notice of the proceedings and is on active military duty. It also applies if three months haven't passed since the termination of duty. The court can give a stay of at least 90 days provided two condistions are met. First of all, the SM must give it in writing that he or she cannot appear. The letter must also give a date when the SM can appear.

Second, the SM's commanding officer must endorce the postion of the SM and certify that leave isn't available and that he or she can't appear before the court.

Additional Stay provisions

In case further delay is necessary, the SM can apply for an additional stay. If the additional stay can be foreseen at the time, the initial letter asking for a stay can also contain this request. As before, the relevant commanding officer must give a letter to substantiate the SM's position.

In some cases, the court may decide not to grant the additional stay. If this is the case, it is necessary for the court to appoint a counsel who will represent the servicemember in his or her absence.

Hiring a Lawyer

In order to take full advantage of the SCRA, it's important to hire a Colorado Springs military divorce attorney to help you out. It's important for the court to understand that the application for a stay isn't frivolous and our Clawson & Clawson attorneys can ensure that you're heard seriously. Contact us now for a free initial consultation.