Servicemembers Civil Relief Act Divorce: Managing the Settlement

Formerly known as the Sailors Civil Relief Act, the Servicemembers Civil Relief Act (SCRA) grants several protections to military personnel serving the nation.

But what protections does it provide during military divorce? We’ll discuss the benefits service members receive through this law and its impact on a former spouse.

How Does the Servicemembers Civil Relief Act Affect the Divorce Process?

If a service member becomes involved in a family law case, the SCRA grants them certain rights so they can focus on their military service.

Right to Stay Proceedings

If a service member cannot attend administrative proceedings related to the divorce settlement because of their military duty, they have the right to stay the proceedings.

The period they’re allowed to delay divorce proceedings depends on a case-to-case basis. However, in most cases, this protection lasts during the military member’s active duty duration and 60 days after.

This protection applies to civil proceedings only. Military members subject to criminal proceedings are not provided the same rights.

Protection from Default Judgments

Let’s say the military member is served with divorce papers and is unable to file a response within the required time according to state law. The SCRA protects military service members from default judgments, which could’ve favored the divorce case against their best interests.

The protection from default judgment prevents the former spouse from taking advantage of the military member’s inability to respond to divorce filings because of their duty to the nation.

Child Custody

Child-related matters like child custody are among the most integral in divorce civil litigation. Suppose a military member cannot send child support because of their active duty service. In that case, the SCRA protects them from punishment because they couldn’t fulfill their familial obligations. However, the SCRA doesn’t give them the right to neglect their parental duties altogether.

The SCRA also stipulates that state courts can change custody orders to accommodate the service member’s military service. The gravity of the service member’s military obligations plays a vital role in the changes.

Do SCRA Protections Extend to Divorced Spouses?

The spouses of active duty service members are granted select SCRA protections. But what happens after a military divorce? Do they still retain those protections? This is where the Uniformed Services Former Spouse Protection Act comes in.

This federal law grants select benefits to former spouses of service members if they satisfy the 20/20/20 rule and do not remarry. The rule stipulates that the former spouse must have been wed to the military member for at least two decades or 20 years, that the member must have served in the military for at least 20 years, and that they must have been wed during the member’s active duty service years.

In short, yes, SCRA protections can extend to former military spouses. However, they must satisfy the 20/20/20 rule and not remarry to other people. Marrying another person, especially if that person is a civilian, will make them forfeit their SCRA rights. However, they can still retain SCRA protections if their new spouse is an active duty service member.

Seek Legal Assistance to Activate SCRA Rights

The service member’s military legal assistance office can help them maximize their legal resources and provide guidance through the divorce process. Moreover, they can seek help activating their SCRA rights.

Providing proof of one’s military service is vital to activating these rights, and SCRACVS can help service members obtain the evidence they need.

Final Words

The Servicemembers Civil Relief Act can help service members through military divorce and manage their financial obligations since divorce is expensive. However, they must submit evidence that they’re eligible for these protections. This is where SCRACVS can help them. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

What are the SCRA benefits of divorce?

The SCRA grants active duty service members the right to stay in civil proceedings, protects them from default judgments, and protects them from being punished if their military service prevents them from upholding their child custody duties.

What does the Servicemembers Civil Relief Act apply to?

The SCRA applies to active-duty service members, and select protections apply to their spouses. In case of a military divorce, the former spouse can only retain their SCRA protections if they satisfy the 20/20/20 rule and do not remarry.

What is military divorce?

A military divorce involves at least one military member in the proceedings.