The Effects of the Servicemembers’ Civil Relief Act
Servicemen and women, especially those on act duty, face a number of different legal challenges than civilians. In 1940, the Soldier and Sailors Civil Relief Act (SSCRA) was enacted to help protect military personnel who were unable to attend to litigation matters because they were fighting in war or stationed around the world. That act was revised in 2003, renamed the Servicemembers’ Civil Relief Act, extends those protections and included additional protections for covered members.
The Act protects active duty members of the Air Force, Army, Coast Guard, Marine Corps and Navy, as well as National Guard members who have been called into service “for a period of more than 30 consecutive days.” The goals of the new SCRA are:
- “To provide for, strengthen, and expedite the national defense through protection extended by this Act to servicemembers of the United States to enable such persons to devote their entire energy to the defense needs of the Nation; and
- To provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during their military service.” (Emphasis ours.)
For servicemembers who are seeking to divorce their spouses, or whose spouses wish to modify the divorce order or custody orders, the SCRA can be used to enact a stay of at least 90 days to postpone legal matters that require the servicemember to be present in a court. In some cases, it can postpone litigation for the duration of a person’s service, plus an additional 60 days.
The SCRA is not a guarantee of a stay, however, and a judge may choose not to grant a stay if the active duty servicemember A) does not request one, B) is not required to attend the court in person, or C) is not contesting the action. For example: if you are in the Navy and you and your spouse both wish to get divorced, the judge does not have to issue a stay for the process until you return.
Other protections under the SCRA
The SCRA also provides certain protections for servicemembers outside of the realm of family law. Those protections include things like:
- Rental agreements, including security deposits or pre-payments
- Interest rates on your mortgage or your credit cards
- Foreclosure on a mortgage or eviction from your home
- Auto leases
- Health and life insurance
- Income tax
Some of these areas could affect how a divorce proceeds, so it is important that you speak with an attorney who has experience representing military members.
The laws governing family law in Tennessee are complex; adding the SCRA into the proceedings can make them more so. If you are a servicemember, or the former spouse of a servicemember, LaFevor & Slaughter can help you through the process. Please contact us for more information.
As the Managing Attorney with LaFevor & Slaughter, Jason R. Hines handles new client consultations, strategic planning and implementation and represents clients in all the Firm’s practice areas.
As an attorney practicing law in Tennessee since 2009, Jason has represented clients from all walks of life in a wide range of cases in the State and Federal Courts of Tennessee. His practice areas include divorce, family law and immigration.