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What to Do If You Are Served With Divorce Papers While On Active Military Duty

In a typical divorce proceeding, once one spouse is served with divorce papers, he or she has a specified amount of time to respond to the divorce complaint by filing a written response with the court. For members of the United States military who are on active duty, responding to a divorce complaint within the time allotted may be impossible due to the extenuating circumstances involved with their military service.

Congress has taken notice of the fact that members of the military who are on active duty do not have equal footing with civilian citizens when it comes to defending legal matters in court. In response to this disparity, Congress enacted the Servicemembers Civil Relief Act (SCRA) in 2003, which provides a wide range of protections for individuals who are called into active duty. The purpose of the Act is to allow servicemembers to perform their duties without the worry of civil prosecution, foreclosure or eviction under most circumstances.

One of the main features of the Servicemembers Civil Relief Act is the “stay of civil proceedings” provision. This provision allows for the temporary suspension of judicial proceedings and transactions that may adversely affect the servicemember’s civil rights during their military service. However, in order for this protection to take affect, the courts must be notified of the servicemember’s status as an active duty solider and his desire to postpone the civil proceedings filed against him.

If you are an active duty member of the U.S. military or armed forces and have been served with divorce papers, the first thing that you should do is contact a local attorney who can file a motion with the court to postpone the divorce proceedings on your behalf. Under the Act, the court may also require a letter or other communication from your commanding officer that states that your current military duty is preventing your ability to appear in court. Service members should not wait to contact an attorney, as there are filing deadlines associated with responding to a divorce complaint. If the court is not notified of your active duty status in a timely manner, you could risk losing the protections provided by the Servicemembers Civil Relief Act.

Once a petition is made to the court to postpone your divorce proceedings, the court will delay the proceedings for at least 90 days. If you are deployed or remain on active duty when the postponement period is set to expire, an application can be made to the court for an additional stay of the proceedings. Due to the nature of active military service, it is highly recommended that you enlist the services of an attorney to monitor and handle these types of communications with the court on your behalf.

Once you are off of active duty, your divorce lawyer can gently guide you through the marital separation process. Military divorce cases can be complicated as they often involve the allocation of military benefits, alimony, child support and custody. An experienced Virginia family law attorney can provide you with a clear explanation of your legal rights and options. Your lawyer can also work to negotiate an amicable settlement agreement with your spouse and his or her legal representative, which can simplify divorce proceedings, especially once the parties are in court. Divorce proceedings are never easy; however, having a skilled attorney at your side will help to ensure that your case is resolved as smoothly as possible.

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