SCRA Protections
Delaying Divorce While Deployed
Your Legal Shield During Deployment
Getting served with divorce papers while deployed overseas feels like a betrayal on top of betrayal. But you have powerful federal protections that can pause the entire process until you return home.
The Servicemembers Civil Relief Act (SCRA) provides essential protections for military personnel facing civil legal proceedings during active duty.
In California divorce cases, these protections can delay proceedings, prevent default judgments, and ensure you have adequate time to respond to legal actions.
Understanding these rights isn’t just helpful, it’s critical for protecting your financial future and parental rights while you’re serving our country.
SCRA KEY PROTECTIONS
90 Day Delay:
Minimum automatic stay
Additional Relief:
Judge may grant more time
Default Protection:
Prevents judgments without you
Interest Rate Cap:
6 % on pre-service debts
Federal law overrides state proceedings
Understanding SCRA Basics in California Divorce
The SCRA provides comprehensive protections, but knowing how they apply specifically to California divorce proceedings is essential.
Started as Soldiers and Sailors Relief Act
Expanded protections for all service branches
Federal law applies nationwide
The SCRA automatically applies to all active duty service members, including National Guard and Reserves when activated for more than 30 days. In California divorce cases, this means you can request a stay of proceedings if your military service materially affects your ability to participate. The protection begins the day you enter active duty and typically extends for 30 to 90 days after discharge, depending on your circumstances. California courts must comply with SCRA requirements, even if state law would normally move faster.
The key point: SCRA protection isn’t automatic, you must request it properly and provide the required documentation.
Automatic 90-Day Stay: Your Minimum Protection
The SCRA provides an automatic 90-day stay when properly requested, but California courts can grant much longer delays.
| Requirement | Documentation Needed | Timeline | California Specific |
|---|---|---|---|
| Written Request | Letter stating military service affects case | File immediately upon service | California courts rarely deny initial requests |
| Commander Statement | Letter confirming duty prevents participation | Within 30 days of stay request | Must show current duty affects availability |
| Additional Stay Request | Showing continued military impact | Before initial 90 days expires | Judge has discretion to grant longer delays |
| Default Judgment Protection | Any appearance or response | Automatic if military service shown | California courts must vacate defaults |
The 90-day stay is your minimum protection, but California judges often grant much longer delays for deployed service members. I’ve seen cases where judges granted stays of 6 months or more when deployment orders showed extended overseas service. The key is providing clear documentation that your military duties prevent meaningful participation in the proceedings. This doesn’t just mean you are busy, it means your duties make it impossible to prepare responses, gather documents, or appear for hearings.
Beyond 90 Days: Getting Extended Relief
California courts have broad discretion to grant additional time beyond the automatic 90-day stay.
Factors Supporting Extended Stays
- Combat zone deployment with limited communication
- Extended deployment orders showing 6+ months overseas
- Operational security restrictions preventing detailed responses
- Remote location with limited legal resources
- Mission critical duties preventing time off for legal matters
Factors Against Extended Stays
- Stateside deployment with regular communication access
- Short deployment ending within 60 days
- Non-combat duties with flexible schedule
- Previous delays granted showing pattern of avoidance
- Emergency custody issues requiring immediate attention
California judges understand military realities better than most. They know that deployment to Afghanistan is different from temporary duty in Germany. They recognize that submarine service prevents regular communication, while Air Force deployments might allow weekly video calls. When requesting extended stays, specificity matters. Don’t just say you’re deployed, explain that you’re in a forward operating base with limited bandwidth, or that operational security prevents you from discussing detailed financial matters over military communication systems.
Protecting Against Default Judgments
One of the SCRA’s most powerful protections prevents courts from entering default judgments against deployed service members.
Automatic Default Protection Requirements
- Any appearance or response shows you’re aware of the case
- Military status affidavit confirms active duty service
- Commander statement verifies deployment affects participation
- Request for stay demonstrates intent to participate when able
- Attorney representation can protect your interests during deployment
California courts take this protection seriously. If a default judgment is entered against you while deployed, you can move to set it aside even months later. The court must vacate the judgment and give you opportunity to be heard. This protection extends beyond the automatic 90-day stay, you can challenge default judgments entered at any time during your deployment if you didn’t receive proper notice or couldn’t meaningfully participate. However, you must act promptly once you learn of the judgment, California typically requires you to file within 30 days of discovering the default.
SCRA Limitations: What It Cannot Do
Understanding SCRA limitations is as important as knowing its protections.
The SCRA cannot stop divorce proceedings indefinitely. Eventually, the case will proceed, even if you’re still deployed. It also doesn’t protect against all legal actions, criminal proceedings and certain emergency orders may proceed despite your deployment. The SCRA cannot prevent child support calculations or temporary custody orders if emergency circumstances exist. Most importantly, it doesn’t forgive your legal obligations, it only delays enforcement. Any financial orders entered will still be enforceable when you return, potentially with interest.
Practical Steps: Activating Your SCRA Rights
Successfully using SCRA protections requires prompt, proper action.
First, notify the court and opposing party immediately upon being served with divorce papers. File a formal request for SCRA protection within the time limits specified in your service documents. Get your commander to provide a detailed letter explaining how your military duties prevent participation. Consider hiring a California attorney who can appear on your behalf and protect your interests during deployment. Keep detailed records of all communications and stay in touch with your attorney when possible. Remember that SCRA protection is a shield, not a sword, use it to ensure fair participation, not to avoid legitimate obligations.
Protect Your Rights During Deployment
Don’t let divorce proceedings proceed without you while you’re serving our country.
Get experienced help activating your federal protections.
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. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
