What Is the Servicemembers Civil Relief Act?
The Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.), commonly known as the SCRA, is a federal statute that provides significant protections to active-duty military members involved in civil legal proceedings, including divorce, custody, and support cases. The purpose of the SCRA is straightforward: a service member whose military duties prevent meaningful participation in a civil case should not suffer a default judgment or other adverse legal outcome because of that service.
The SCRA applies to all branches of the United States Armed Forces, including the Army, Navy, Air Force, Marine Corps, Coast Guard, and commissioned corps of the National Oceanic and Atmospheric Administration and the Public Health Service. It also extends protections to members of the National Guard called to active federal service.
The Right to Stay Proceedings
The most commonly invoked SCRA protection in Florida family law cases is the right to request a stay of proceedings -- a temporary halt to the case.
Under 50 U.S.C. 3932, an active-duty service member who receives notice of a civil proceeding may request a stay if military duty materially affects their ability to appear or participate. The process works as follows:
- Minimum 90-day stay -- Upon proper application, the court must grant an initial stay of at least 90 days. This is not discretionary; if the service member files a proper request with a letter from their commanding officer, the stay is mandatory.
- Additional stays -- The service member may request additional stays beyond the initial 90 days. The court has discretion on subsequent requests and will evaluate whether military duty continues to materially affect the service member's ability to participate.
- Commanding officer letter -- The stay application must include a letter or declaration from the service member's commanding officer stating that the member's current military duty prevents appearance and that military leave is not authorized at the time.
In practice, these stays can significantly extend the timeline of a Florida divorce case. A spouse filing for divorce against an active-duty service member deployed overseas should anticipate that the case may be paused for several months or longer.
Default Judgment Protections
The SCRA provides robust protections against default judgments. Under 50 U.S.C. 3931, before any court enters a default judgment in a civil case, it must first determine whether the defendant is in military service.
- Affidavit requirement -- The party seeking a default judgment must file an affidavit stating whether the opposing party is or is not in military service. Florida courts require this affidavit before proceeding.
- Defense Department database -- Military service status can be verified through the Defense Manpower Data Center (DMDC), which provides certificates of service status. Florida attorneys routinely obtain these certificates before seeking any default.
- Appointed counsel -- If the court cannot determine whether the respondent is in military service, or if the respondent is in military service and has not appeared, the court must appoint an attorney to represent the absent service member before entering any default judgment.
These protections mean that a Florida spouse cannot simply rush to obtain a default divorce while their military spouse is deployed and unable to respond.
How the SCRA Interacts With Florida Family Court Timelines
Florida family courts operate under case management timelines that anticipate resolution within specific timeframes. The SCRA creates a federal preemption that overrides these state-level scheduling requirements when a service member properly invokes its protections.
- Mandatory disclosure deadlines under Florida Family Law Rule of Procedure 12.285 may need to be extended when a deployed service member cannot reasonably gather and produce financial documents from a combat zone or overseas installation.
- Mediation requirements cannot proceed if the service member is unable to participate. While telephone or video mediation may be an option for some service members, those in secure locations or active operations may not have access to the necessary communication technology.
- Trial settings must accommodate the service member's duty obligations. Florida courts in the Fourth Judicial Circuit and elsewhere routinely continue trial dates when a service member demonstrates that military duty prevents attendance.
Temporary Orders During an SCRA Stay
A stay of proceedings does not necessarily mean that all temporary relief is frozen. Florida courts retain the authority to enter temporary orders for the protection of children and, in some circumstances, for temporary support when the interests of justice require it.
- Temporary child support may be entered or maintained even during an SCRA stay, particularly when the children's basic needs must be addressed.
- Temporary custody arrangements may be established to maintain stability for children during a deployment, often designating a family member of the deployed parent to exercise certain time-sharing rights.
- Temporary restraining orders protecting marital assets from dissipation may remain in effect during the stay.
The balancing test requires the court to weigh the service member's right to participate in proceedings that affect their parental and financial rights against the immediate needs of the family.
What the Non-Military Spouse Should Know
If you are filing for divorce against an active-duty service member, the SCRA does not prevent you from proceeding -- it ensures the process is fair to both parties. Preparation and patience are essential.
- Verify military status early by running a DMDC check before filing or shortly after.
- Serve process properly -- Service members stationed at military installations can be served through their commanding officer or the installation's legal office.
- Anticipate delays -- Build SCRA timelines into your expectations from the beginning of the case.
- Seek temporary relief where necessary -- The court can still address urgent matters involving children and finances during any stay period.
What the Service Member Should Know
The SCRA protects your right to participate, but it does not make the case go away. When your military obligations permit, engaging in the process through counsel is almost always preferable to repeated stays. An experienced military divorce attorney can represent your interests while you are deployed and help ensure that temporary orders entered during your absence protect your parental and financial rights.
This article provides general information about the SCRA and Florida divorce law and does not constitute legal advice. Every case involves unique facts that may affect the applicable legal analysis.