Service Members Civil Relief Act

The SCRA was enacted on December 19, 2003, replacing the Soldiers’ and Sailors’ Civil Relief Act. SCRA provides protections for active duty Service Members by delaying prosecution of civil lawsuits filed against service members (including divorce, custody, and paternity proceedings), and protecting against default judgments (automatic loss as a result of failing to respond to the lawsuit).

Divorce cases have serious deadlines. Contentious issues such as custody, support, and property division often involve hearings before a judge. It is unfair for your spouse to demand motions be heard and hearings held while you are deployed outside the state of Washington.

For example, if you are stationed in Iraq or Afghanistan, your attorney can postpone court action until you are able to appear in court. However, the SCRA contains a provision that allows courts to disregard SCRA protections if they are being abused.

USING SCRA TO DELAY COURT PROCEEDINGS

There are several ways a Service Member can obtain an initial “stay” (halt) of 90 days.

First, if the court determines that a Service Member is absent due to military service and that the Service Member may have a defense that cannot be presented without the Service Member’s presence, the court is required to grant a 90-day stay.

Second, if the Service Member has not received notice of a proceeding, the court is required to grant a 90-day stay.

Third, if a Service Member requests a stay and demonstrates that his or her military service prevents an appearance in court, the court is required to grant a 90-day stay.

Stays may be renewed if military service continues to prevent the Service Member from appearing before the court. It is important to note that all of the protections offered by SCRA requires affirmative action on your part. You must act or have an attorney act on your behalf.