Divorce is never an easy process, no matter how much parties may agree. It requires an extensive allowance of time, energy, and often income. Court dates can be numerous, paperwork stacks up quickly, and constant contact with your attorney, spouse’s attorney, and spouse is necessary to conduct a divorce proceeding efficiently.
What happens if you are an active member of the military while on deployment? How do you represent yourself when you receive the notice of summons while overseas? Thankfully, members of the military are protected by the Servicemembers Civil Relief Act (SCRA).
In 2003 the United States Congress enacted the SCRA to protect active members of the military while deployed. It shields servicemembers from a range of issues; evictions, debt collection, and additionally in divorce proceedings. In fact, a petitioner declares whether either party is a member of the United States Armed Forces during the initial filings.
As a result of these protections, a veteran poses a somewhat curious case when summoned for court. If a civilian failed to appear for court, a default judgment would be filed against them. Military members on deployment can have default judgments set aside until deployment is over or even vacate them.
It is important to know your rights, and an experienced St. Louis family law attorney can provide that critical information. If you are a veteran involved in divorce or custody proceedings or a spouse to a veteran, be sure to contact your trusted Missouri attorney and learn how to best plan around your unique circumstances.
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