We represent service members and the spouses of service members in all aspects of family law. From divorce and custody matters to spousal support and property division, we have the experience and the skill to secure the most favorable possible outcome in your case. Stange Law Firm takes cases from those in the military, including Scott Air Force Base in St. Clair County, Illinois, and Fort Leonard Wood in Missouri.

The SCRA and Your Divorce Matter

The Servicemembers Civil Relief Act (SCRA), formerly known as the Soldiers and Sailors Civil Relief Act (SSCRA), was enacted in 2003 and significantly expanded the protections provided to people entering the military, called to active duty, and deployed service members. Many provisions of the SCRA can be applied to protect the rights of service members going through a divorce.

Among the key protections the SCRA provides to service members going through a divorce are the following:

Vacation or setting aside default judgments: In the context of a family law matter, if a default judgment was entered against you and the outcome negatively affected you because you were not present to defend yourself in the action, the court has the authority to reopen the matter.
Stay of legal proceedings: If you are deployed and cannot be present for the proceedings to defend yourself, they can be postponed or stayed until you return. This can be especially important when issues like custody need to be resolved.

More Details on the SCRA

Specifically, under 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 active-duty military personnel if he/she wish 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 how 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, service members and their spouses have three choices for 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.