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Does SCRA protect military personnel from all lawsuits, including divorce?
No. SCRA can delay any legal proceeding, but it doesn’t provide a blanket immunity. A trial court can stay (or hold off) the litigation if military service would have a material effect on his ability to defend the litigation, in this case, the divorce. By the same token, a court can also deny any stay under the same reasoning, that is, if the military service has no material effect on his ability to defend the litigation. |
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