What the SCRA Means for Military Families in Divorce

Veterans Day falls this week. It seems like a good time to talk about the legal protections that exist specifically for the men and women who serve, because in my experience they are underutilized.

I had a client a few years back — active duty Navy — who received divorce papers while he was deployed overseas. He could not respond. He could not get to a lawyer. He could not appear in court. By the time he got back, his wife had obtained a default judgment on everything.

We got it set aside. But it took months and thousands of dollars in legal fees that should never have been necessary if anyone had known the rules.

The Servicemembers Civil Relief Act is a federal law that provides procedural protections for active duty servicemembers in civil proceedings, including divorce. I covered it briefly in a post earlier this year. This one goes deeper.

The Right to Request a Stay

An active duty servicemember who receives a divorce complaint and cannot respond because of military duties can request a stay of the proceedings. The court is required to grant at least a 90-day stay upon a proper request. The servicemember can request additional stays if military service continues to prevent participation.

This protection exists because the alternative — allowing a divorce to proceed by default against someone deployed overseas — is fundamentally unfair. Congress recognized that and codified the protection.

Default Judgments and the SCRA

Before a court can enter a default judgment in a civil case against a servicemember, the plaintiff must file an affidavit stating whether the defendant is in active military service. If the defendant is in service, the court must appoint an attorney to represent the servicemember’s interests before proceeding.

Divorce decrees entered in violation of the SCRA can be set aside. Courts in Shelby County take SCRA violations seriously.

For the Spouse Filing

If you are the non-military spouse and you are trying to move forward with a divorce while your spouse is deployed, understand that the process will take longer. That is by design and by law.

It does not mean the divorce cannot proceed. It means it proceeds on a timeline that accommodates the servicemember’s ability to participate. Work with an attorney who knows how to navigate the SCRA requirements. (I have handled these cases from both sides.) The process is manageable if you know the rules.

Lawyer Bill’s Advice

The people who serve this country deserve to have their legal rights protected while they are serving.

The SCRA is that protection. Know it. Use it.

If you are a servicemember facing a civil proceeding and no one has mentioned the SCRA to you, find an attorney who knows it.

You earned that protection.

If you have questions, reach out at midsouthdivorce.com/ask-lawyer-bill/.

About the Author: William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2026. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.

More on this: How a Divorce Works, from The Mid-South Divorce Guide, a complimentary guide to divorce in Tennessee and Mississippi.