THE SCRA or the Service members Civil Relief Act is a federal law that was initially designed to provide service members legal protection in certain court proceedings while on active duty. If you are currently engaged in a divorce proceeding a military service member, it is important to be aware of this federal law, and how it will impact your divorce proceedings.
The Service members Civil Relief Act is beneficial for you if you’re in the military. The act was designed specifically to protect military personnel from any kind of child custody-related legal proceeding when they are on active custody. The logic behind the law is that service members need to focus on their jobs when they are on active duty, and therefore, service members can get a delay in court proceedings in a child custody or support dispute under the law.
That means that if you are a service member, under the law, you can get a stay on any pending court proceedings. The stay may continue until you are able to actually appear in court.
That doesn’t work out so well for you if you are the one who is not in military service, because the law essentially gives your ex-spouse more time to respond to the court. During this period of time, a military service member can request for a postponement of court hearings until he can arrange to be present in court. That means that if you have filed a petition for a change in custody, you may end up spending a much longer time on these matters than you would have had if you had a civilian spouse.
Overall, the Service members Civil Relief Act is often used by military members to delay court proceedings and delay matters that are up for consideration including divorce proceedings.
However that does not mean that your rights are not protected at all. A court can still issue temporary orders which go a long way in helping to alleviate your stress.
If you’re currently in a child custody dispute with a military service member, speak to Colorado divorce lawyer about how you can get a temporary order to address your situation.