The Servicemembers Civil Relief Act provides protection for members of the military against default judgments in civil actions, including divorce proceedings, which may be brought against them.
In short, federal law requires plaintiffs in a divorce action to file a Military Affidavit in which it will indicate whether a defendant is an active member of the military.
If the court finds that the defendant is an active member of the military, a judgment may not be issued without the court first appointing an attorney to represent the defendant’s interests in the matter.
If an attorney appointed under the Act to represent a servicemember cannot locate the servicemember, actions by the attorney in the case shall not waive any defense of the servicemember or otherwise bind the servicemember.
Essentially, if a divorce action proceeds without your knowledge, then the court will retain jurisdiction to set aside a judgment, if the circumstances meet the requirements of the statute, so that you may present a defense to the action.
Moreover, the Act also provides temporary relief in the form of a stay of the proceedings, in which the court will put the matter “on hold” for no more than 90 days to give the service member time to appear, be located, etc.
For an in depth review of the Servicemembers Civil Relief Act as it applies to divorce actions, please see Servicemembers Civil Relief Act § 521. Protection of servicemembers against default judgments.
Related Article: Divorce residency requirements for active duty military