Handling a divorce while serving the country can be emotionally and physically taxing. Spouses who are involved in the military gain protections under the Servicemembers Civil Relief Act (SCRA).
Military members who receive divorce papers while on duty may want to familiarize themselves with their rights under the SCRA so they can navigate civil proceedings more effectively.
Protections under the SCRA
Nonmilitary spouses may serve divorce papers to their military member spouses who are actively serving the country. However, this means that military personnel may not be able to respond to a divorce summons on time.
The SCRA protects military members from receiving penalties or default judgments in a divorce case for failing to respond. The law understands the challenges of military life and ensures that the service does not bring unfair disadvantages in legal matters. As a result, the military member can request a delay in proceedings and participate without the stress of duties.
How SCRA impacts divorce proceedings
While military divorces are complex, the courts remain neutral and consider both the rights of military members and their civilian spouses when addressing the following:
- Child custody: A judge can issue a child custody order based on a child’s best interests while also considering the difficulties of military deployment.
- Division of property: The courts treat military pension benefits as a marital asset and may award the civilian spouse a portion of disposable military retired pay.
- Child and spousal support: A judge can enforce the military spouse to support their dependents, provided that proper hearings occurred.
The courts encourage couples to have open discussions to reach fair agreements about these issues.
An action to move forward with the divorce safely
Although the SCRA provides valuable protections, facing a military divorce can be overwhelming. Consider consulting an attorney who has experience in military divorce cases. They can help explain the rights of a servicemember and offer legal help in addressing divorce disputes.