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Why is SCRA important in a military divorce?

SCRA, which was enacted on the eve of World War II when the United States enacted its first peacetime draft, protects servicemen who, by virtue of being away from home in military service, might not be able to answer and/or enter an appearance in court and thus be exposed to a default judgment against them. A military defendant in a civil action may enlist SCRA to postpone a legal action against him or her for the duration of his military service plus 60 days.

As it applies to divorce, a military spouse can request a delay in the proceedings and provide proof that his military duties prevent him from obtaining proper representation in court. SCRA coverage is generally extended to service members on extended deployments or overseas assignments.

(In addition, SCRA provides other protections to military families, including caps on interest rates on debt obligations entered before beginning active duty, restrictions from eviction, and special conditions for the termination of property and automobile leases.)