Understanding the Servicemembers Civil Relief Act

On behalf of Stange Law Firm, PC posted in Military Divorce on Friday, July 17, 2015.

Divorce is an extremely complex legal matter, and when one spouse is in the military, it becomes even more complex. This is not only because of the nature of military life, such as constant relocation or deployment, but also because of specific laws and regulations that effect the nature of divorce across the country and in specific states like Missouri. Each of these laws affect a divorce in a specific way, and understanding them can be crucial to you divorce case.

One such law is the Servicemembers Civil Relief Actt, which was enacted in 2003 under a different name. This Act provides many protections to individuals who enter military service, and some of those protections and benefits extend to the divorce courts. There are a few different effects that this Act has on military divorce, but there are two key aspects that most military members may wish to know of.

Obviously when you are serving in the military, you have limited control over where you are in the world. You may be stationed to a base in a different state than you have previously resided in, or you may be deployed overseas to a different country. In such an instance, you may be unable to be present for divorce proceedings. Thanks to the SCRA, the courts may reopen a case in which you were negatively affected by your inability to defend yourself due to inability to be present.

On a similar note, legal proceedings can be postponed due to deployment until a military member is able to actively participate in divorce proceedings. Taking advantage of these rights is critical for military members who are going through divorce, which is why we are proud to represent members of the military. Our legal expertise can help military members take advantage of their rights to ensure that they are not mistreated in divorce proceedings due to their service.

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