As part of World War II, the SSCRA (Soldiers and Sailors Civil Relief Act) was passed in 1940. As a result of the numerous changes made since then, the Servicemembers Civil Relief Act is now known as (SCRA).
Civil lawsuits cannot be brought against active-duty soldiers while they are serving their country. Serving members of the military may be unable to appear in court if this action is taken. This policy covers them for 60 days after their service ends. They can focus on their work instead of worrying about getting sued.
Divorce proceedings are also slowed down by the SCRA.
Divorce and military service
You can’t avoid the realities of everyday life just because you’re serving your country. Even if their spouse is in the military and they are unhappy, divorcing them is still an option. If you’re in the military, you can use the SCRA to fight your divorce.
Divorce-related issues, such as child custody, can be postponed under the SCRA. Your spouse has no legal authority to retaliate against you while you are serving in the military. You won’t have to worry about these things for the first 60 days after your service is over.
As a matter of course, urgent issues must be addressed. This could lead to a court order from your spouse granting you leave and requiring you to appear in court. When it comes to paternity disputes, this is an excellent example. Acclaimed non-support might also be a problem. An accusation of non-payment of spousal or child support may be leveled at you by your ex-spouse. This could lead to you being accused of abandoning your family even if you are still married.
Waiver of the SCRA is an option
To protect service members, the SCRA was created, not to bind them in any way. You can always give up your SCRA rights so that the divorce can go forward. Divorces that end in amicable settlements are the same every time.
Consult with a Legal Counselor
Even if you’re not divorcing while serving your country, you should still seek legal advice. There is a chance that they can assist you in exploring your options and educating you on SCRA rights in order to postpone the divorce. An uncontested divorce may be the best option for you if you’ve exhausted all other possibilities.
With the help of your lawyer, you and your spouse may be able to come to an agreement. Even though you won’t be able to meet in the same room as the three of you, you can use them as a point of contact. Divorce proceedings can be handled while you are away from home, and they can keep the lines of communication open to assist you.