Federal Protection for Service Members
5 Ways the SCRA Protects Active Duty Spouses in Divorce
Understanding the Servicemembers Civil Relief Act in California Proceedings
The SCRA Exists Because Military Service Comes First
Congress enacted the SCRA to ensure that active duty service members can focus on national defense without worrying that civil legal proceedings will proceed without them. In divorce cases, this federal law creates meaningful protections that civilian litigants never receive. From Monterey to Barstow, California military families rely on these protections when divorce proceedings intersect with deployment, training, or temporary duty assignments.
The SCRA does not prevent divorce. It does not shield service members from support obligations or property division. What it does is ensure that military duties do not become legal liabilities. When a service member cannot attend a hearing because they are stationed overseas, the SCRA prevents the court from punishing them for that absence.
1. Stay of Proceedings During Active Duty
The SCRA allows active duty service members to request a stay, or postponement, of civil court proceedings when military duties materially affect their ability to participate. In divorce cases, this means a deployed service member can delay hearings for at least 90 days. Extensions are possible if the commanding officer confirms that duty continues to prevent participation. This protection applies to all aspects of divorce, including custody hearings, support motions, and property division trials.
2. Protection From Default Judgments
Before entering a default judgment against a service member, California courts must verify whether the respondent is on active duty. If the respondent is active duty, the court must appoint an attorney to protect their SCRA rights. This appointed counsel investigates whether the service members military duties prevented a response. The case generally stays on hold for at least 90 days while this investigation occurs. If a default judgment was already entered improperly, the service member can seek to have it set aside within 90 days of leaving active duty.
3. Interest Rate Caps on Pre Service Debts
While not strictly a divorce protection, the SCRA’s 6% interest rate cap on debts incurred before active duty affects economic obligations that arise during divorce. If a service member has joint credit card debt, mortgages, or loans from before entering active duty, interest rates on those obligations must be reduced to 6% during active service. This can significantly affect the economic landscape during property division and support calculations.
4. Lease Termination Rights
Service members who receive permanent change of station orders or deployment orders lasting more than 90 days can terminate residential leases without penalty. In divorce cases, this allows a service member to end a marital lease without being held responsible for rent after departure. This protection prevents the nonmilitary spouse from claiming that the service member abandoned the lease or left them with unmanageable housing impacts.
5. Protection From Eviction
The SCRA prevents landlords from evicting service members or their dependents from primary residences without a court order when rent falls below a specified threshold. During divorce, when one spouse may stop paying rent or the service members housing allowance changes, this protection prevents immediate homelessness. The court may adjust lease obligations to protect both parties’ interests.
Know Your SCRA Rights Before Filing
Whether you are a service member or married to one, SCRA protections shape the divorce timeline and process.
Contact Hayat Family Law
Santa Monica Office
100 Wilshire Boulevard, Suite 700 D
Santa Monica, CA 90401
Phone: 310 917 1044
Sherman Oaks Office
15303 Ventura Blvd, 9th Floor
Sherman Oaks, CA 91403
Phone: 818 380 3039
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
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