Stays in Divorce Proceedings Involving Service Members

Legal Services At

Stange Law Firm

  • Family Law
  • Support
  • Military Divorce
  • Child Custody
  • Divorce | Separation
  • Family Violence
  • Alternative Dispute Resolution
  • Property Division
  • High Net Worth Divorce

Stays in Divorce Proceedings Involving Service Members

Pursuant to the Servicemembers Civil Relief Act (“SCRA), active duty military personnel cannot have a default judgment entered against them for failing to respond to a divorce action. The divorce proceeding may be postponed for the entire duration of active service, up to sixty (60) days thereafter. However, this stay can be waived by the active duty military personnel if he/she wishes to proceed with the divorce.

When a service member lacks notice of the proceedings, the SCRA requires a stay (or continuance) of at least 90 days when: 1) the court decides that there may be a defense to the action and such defense cannot be presented in the defendant’s absence; or 2) with the exercise of due diligence, counsel has been unable to contact the defendant (or otherwise determine if a meritorious defense exists). 50 U.S.C. App. § 521(d).

When the service member defendant has notice of the proceeding, a 90-day stay (minimum) applies upon the service member’s request, if the stay request includes two things. The first is a letter or other communication that: 1) states the manner in which current military duties materially affect the service member’s ability to appear; and 2) gives a date when the service member will be available to appear. The second is a letter or other communication from the service member’s commanding officer stating that: 1) the service member’s current military duty prevents appearance; and 2) that military leave is not now authorized for the service member. 50 U.S.C. App. § 522. These two communications may be consolidated into one if it is from the SM’s commander.

As to jurisdiction, servicemembers and their spouses have three choices when it comes to which state to file for divorce.

i. State where the spouse filing resides.

ii. State where the military member is stationed.

iii. State where the military member claims legal residency.

Keywords: Service Members, Stay, Divorce, Servicemembers Civil Relief Act

book-prenup-1

Prenuptial Agreements Line by Line

Aspatore Books from Thomson Reuters Westlaw
book-military-1

Strategies For Family Law Illinois

Aspatore Books from Thomson Reuters Westlaw
book-family-1

Strategies For Military Family Law

Aspatore Books from Thomson Reuters Westlaw

Protect Yourself By Understanding Your Options and Knowing Your Rights

GET HELP NOW

SLF Icon

MAIN OFFICE LOCATION

Stange Law Firm, PC

120 S. Central Avenue, Suite 450

St. Louis (Clayton), Missouri 63105

Toll Free: 855-805-0595
Fax: 314-963-9191
Group 144

DIVORCE HEADQUATERS APP

Contact Our Team

  • This field is for validation purposes and should be left unchanged.

Family Law Legal Services At Your Fingertips

FEATURED ARTICLES FROM THE STANGE LAW TEAM

When you choose us, you don’t have to sacrifice quality or service. You get the resources of a large divorce and family law firm AND the attentive service of a local attorney.