Servicemembers Civil Relief Act

Enacted in 2003, the Servicemembers Civil Relief Act provides a number of protections to those entering the military or who are already serving on active duty. Some of the protections relate to family law and divorce. The SCRA can have an impact on the outcome of marriage dissolution, so it is important to get advice from attorneys who are familiar with the law.

At Graziano & Flynn, P.C., we represent servicemen and women, as well as military spouses from McGuire Air Force Base, Fort Dix and those stationed throughout the country and the world. We believe those who serve our nation and their spouses deserve the highest quality legal representation they can get, and that is what we try to provide every time.

As experienced military divorce attorneys, we help our clients understand the SCRA’s provisions for those who are on active duty at home or abroad. There are a few key provisions of the Act that have a bearing on divorces involving military members:

• Stay of legal proceedings: If you are on active duty and cannot be present to represent your interests during a divorce, child custody or child support proceeding, the Servicemembers Civil Relief Act allows the case to be stayed (delayed) until you return. The SCRA also allows for an additional 60-day delay following your return.
• Setting aside default judgments: If a family law judgment was entered while you were away and you were negatively affected by the outcome, the judgment can be set aside and the case can be reopened.
• Spouses of active servicemembers who want to pursue a military divorce may experience delays while their partner is deployed.

The attorneys at Graziano & Flynn, P.C., are knowledgeable about the SCRA and all aspects of military family law. We welcome the opportunity to talk with you about your situation. We can be reached at 856-499-4351 or toll free 866-948-7568. You can also send us an email and we will respond promptly.