Military service presents unique challenges for servicemembers facing divorce proceedings. The demands of active duty, deployments, and relocations can make it difficult—if not impossible—to personally attend court hearings. Fortunately, several legal protections and strategies exist to ensure your rights are protected during this difficult time.
The Servicemembers Civil Relief Act: Your Legal Shield
The Servicemembers Civil Relief Act (SCRA) provides crucial protections for active-duty military personnel involved in civil proceedings, including divorce. Under this federal law, you can request a temporary stay of proceedings for at least 90 days if your military duties prevent you from participating. To exercise this right, you must submit a written request explaining how your military duties substantially affect your ability to appear, a statement indicating when you will be available, and a letter from your commanding officer confirming that military duty prevents your appearance and that leave cannot be granted. Courts typically grant these initial stays, and in many cases, you can request additional extensions if necessary. The SCRA ensures that your military service doesn't disadvantage you in legal proceedings.
The Importance of Legal Representation
Perhaps the most crucial step in protecting your interests during a military divorce is hiring an experienced attorney who understands the unique aspects of military divorces. Your attorney becomes your voice in the courtroom when you cannot be present. A knowledgeable military divorce attorney will represent you in all court proceedings, communicate with the court about your military obligations, file appropriate motions for stays under the SCRA, ensure time-sensitive documents are properly handled, and advocate for your interests regarding property division, child custody, and support. Many attorneys who specialize in military divorces offer flexible communication options, including video conferencing and secure messaging, to accommodate your deployment schedule and time zone differences.
Virtual Court Appearances: Technology to Your Advantage
The legal system has increasingly embraced technology, with many courts now allowing virtual hearings. This advancement can be particularly beneficial for servicemembers stationed overseas or in remote locations. Virtual appearance options may include video conferencing through court-approved platforms, telephone appearances for certain procedural matters, and written testimony or affidavits for specific issues. To utilize these options, work with your attorney to file a motion requesting permission for remote participation well in advance of scheduled hearings. Your attorney can help navigate the technical requirements and ensure you're properly prepared.
The Risk of Default Judgments
One of the most significant risks of not addressing court appearances is the possibility of a default judgment. If you fail to respond to divorce proceedings or attend hearings without requesting appropriate accommodations, the court may issue decisions based solely on your spouse's testimony and evidence. Default judgments can result in unfavorable outcomes regarding division of marital property and debts, military pension distribution, child custody and visitation arrangements, and child and spousal support determinations. Once a default judgment is entered, it can be difficult and costly to overturn, even with SCRA protections. That's why proactive communication with the court through your attorney is essential.
Navigating Complex Military Divorce Issues
Military divorces involve unique considerations that require specialized knowledge. An attorney familiar with military family law can help address military pension division under the Uniformed Services Former Spouses' Protection Act (USFSPA), health care benefits through TRICARE for eligible former spouses, base housing and BAH considerations during separation, international custody issues when children are involved, and deployment-friendly custody arrangements that account for training and deployment schedules. These complex aspects of military divorce require careful planning and advocacy to protect your long-term interests.
Planning Ahead for Success
If you're a servicemember facing divorce, consider these proactive steps as you prepare. Consult with a military divorce attorney as soon as possible, ideally before proceedings begin. Inform your command about your legal situation, as they may need to provide documentation. Organize important documents that can be accessed remotely and establish reliable communication channels with your attorney. If custody is at issue, document your involvement in your children's lives. Taking these steps early can significantly improve your position throughout the divorce process.
Contact Genus Law Group Today!
Military service shouldn't disadvantage you in divorce proceedings. By understanding your rights under the SCRA, securing experienced legal representation, utilizing virtual court options, and taking proactive steps to protect your interests, you can effectively navigate divorce proceedings even while fulfilling your military duties. At Genus Law Group, we understand the unique challenges facing military personnel during divorce. Our experienced attorneys can help you leverage the legal protections available to you while ensuring your voice is heard throughout the process.
