What Is SCRA
The Servicemembers Civil Relief Act (SCRA) is a federal law that provides legal protections to active-duty military members in civil proceedings, including divorce cases. Under SCRA, a servicemember can request a stay (delay) of legal proceedings for up to 90 days if military service materially affects their ability to participate in the case. This protection applies to divorce filings, custody disputes, property division, and spousal support matters.
SCRA is critical in divorce cases because it prevents servicemembers from being served with a default judgment simply because they are deployed or stationed overseas. Many military divorces involve a spouse filing while the servicemember is unavailable to respond. SCRA blocks courts from entering a default judgment against the servicemember unless they receive proper notice and have a reasonable opportunity to defend themselves.
How SCRA Affects Divorce Proceedings
When a servicemember is named as a defendant in a divorce case, the other spouse must notify the court of the servicemember's active-duty status. The servicemember then has the right to request a stay of proceedings. This means court dates, discovery deadlines, and property division negotiations can be postponed if military duties prevent timely response.
- A servicemember can request an initial stay of up to 90 days from the date of service.
- The servicemember's attorney can request additional stays if military duties continue to interfere with case preparation.
- Courts cannot enter default judgments on custody, support, or property division without the servicemember's participation unless they waive SCRA protections in writing.
- SCRA applies even if the servicemember fails to respond to court documents, as long as they notify the court of their protected status within a reasonable time.
Impact on Property Division and Support
SCRA protections affect how property and spousal support are determined. Courts cannot finalize property division or set spousal support amounts without the servicemember's input, even if they miss initial deadlines due to deployment. This ensures that the final divorce decree reflects an informed agreement or contested decision, not a default judgment made in the servicemember's absence.
However, SCRA does not prevent courts from making temporary orders for child support or custody during the stay period. Courts can still issue temporary custody arrangements and child support orders to protect the child's welfare while the servicemember's case is stayed.
Common Questions
- Does SCRA apply to all military branches? Yes. SCRA covers active-duty servicemembers in the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force. Reserve and National Guard members are protected only during active-duty orders.
- Can I waive SCRA protections? A servicemember can voluntarily waive SCRA protections by filing a written statement with the court acknowledging they received notice and choosing to proceed. Some servicemembers waive protections to speed up an uncontested divorce.
- What happens if my spouse hides their military service? If a spouse conceals their active-duty status and the court enters a default judgment, the servicemember can later request the judgment be set aside based on SCRA violations. This is one reason courts now require affidavits confirming whether parties are servicemembers.