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What is the Servicemembers Civil Relief Act?

The Servicemembers Civil Relief Act provides many important protections for military members that they should be familiar with. Military members may have questions as to how the Servicemembers Civil Relief Act (SCRA) can impact their divorce.

The SCRA includes legal protections for military members related to housing, loans and other consumer protections and civil legal actions brought against them. A divorce petition is a type of civil legal action that may be brought against a military member or civilian. In circumstances involving military members, the Servicemembers Civil Relief Act can suspend or postpone civil legal actions against military members to allow military members to focus on their duties serving the country.

The Servicemembers Civil Relief Act prohibits military members on active duty from being taken to court for civil legal proceedings which includes divorce and child support proceedings. When a divorce proceeding has been commenced against a military member, a military divorce will have certain differences but also share certain similarities from a civilian divorce. Divorcing military couples will need to address property division, child support and child custody concerns like in a civilian divorce but also may have unique concerns such as how a military pension will be divided.

It is important for divorcing military couples to understand how divorce-related issues will be handled generally but also how the divorce-related issues that may be unique to them will be handled. Trained guidance throughout the process can help them understand both so that they can move through the divorce process as smoothly as possible and transition into their lives following the divorce.

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