Servicemembers Civil Relief Act (SCRA)

Military Servicemember in a Legal Action

 Rights of Servicemembers in Civil Court Cases

A federal law called the Servicemembers Civil Relief Act (SCRA) allows members of the U.S. military to suspend or postpone some civil legal responsibilities while on active duty. Read the text of the law at Title 50 of the U.S. Code. The SCRA provides many more protections than those listed here, but these are the most common ones and those that apply to family law:

• Stay of Proceedings: If a servicemember is served with a complaint or petition that starts a court case, they may be able to get a “stay” or postponement of the case if they can show that their military service materially affects their ability to proceed in the case. A stay can be used to stop the court action altogether, or to delay some part of it. See SCRA § 3932.
• Default Judgment: If a servicemember is sued while on active duty and a default judgment is requested and granted, the servicemember may apply to the court to re-open the default judgment under certain circumstances. See SCRA § 3931. In Minnesota, the petitioner in a divorce case who wants to proceed by default must file a form called an Affidavit of Non-Military Status, or file a waiver signed by the servicemember. See MN Gen.R.Prac. 306.01(a) and (c) and SCRA § 3918. If a party is in the military, get legal advice from a lawyer.

Title 50 of the U.S. Code

(2) Military service

The term “military service” means—

a)   in the case of a servicemember who is a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard—

          i.   active duty, as defined in section 101(d)(1) of title 10 (which defines active duty as: (1) The term “active duty” means full-time duty in the active military service of                  the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as                    a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.)

and

          ii.  in the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period                  of more than 30 consecutive days under section 502(f) of title 32 for purposes of responding to a national emergency declared by the President and supported by                   Federal funds;

b) in the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service; and c)  any period during which a servicemember is absent from duty on account of sickness, wounds, leave or other lawful cause. 

SCRA Applies, but servicemember wants to proceed

If SCRA applies to a case, but the military person is wanting to move forward, use language similar to this:

Military Service. Wife is a member of the Armed Services of the United States or their allies within the meaning of the Servicemembers’ Civil Relief Act, as amended.  Wife does not seek relief under the Servicemembers Civil Relief Act of 1940, 50 U.S.C. § 3901 et seq.