What Happens If You Don’t Respond to Divorce Papers While Serving? –
Imagine this: You’re deployed overseas, and unbeknownst to you, your spouse files for divorce. Since you can’t respond, the court grants a default judgment—giving them everything they asked for (custody, property, even your pension).
Scary, right? Fortunately, military members have special protections. Here’s what you need to know.
1. How Default Judgments Normally Work
In civilian cases, if one spouse:
1. Files for divorce
2. Serves the other spouse (properly)
3. Gets no response within 30 days (in California)
…the court can grant the divorce by default, often on the filing spouse’s terms.
2. The Servicemembers Civil Relief Act (SCRA) Safeguards
The SCRA prevents this if you’re on active duty by:
Automatically Staying (Delaying) the Case – Courts must pause proceedings for at least 90 days if service prevents your participation.
Requiring Proof of Proper Notice – If you weren’t correctly served, the judgment can be overturned.
3. What to Do If You’re Hit with a Default Judgment
Even with SCRA protections, mistakes happen. If you discover a default judgment was entered while you were deployed:
1. Act Fast – You may have 90 days post-deployment to challenge it.
2. File a Motion to Set Aside – Argue that service duties prevented your response.
3. Get a Military Divorce Lawyer – Courts are more lenient with service members, but you need proper documentation.
4. How to Prevent This Situation
– Keep Your Address Updated – Ensure you receive legal mail.
– Designate a Power of Attorney – Someone who can handle legal matters if you’re unreachable.
– Communicate with Your Spouse – If divorce is likely, try to agree on terms beforehand.
Facing a Default Judgment? We Can Help.
At Hayat Family Law, we’ve helped countless service members overturn unfair defaults. Don’t wait—get legal support now.
