Military Families and Divorce Delays –
Deployment shouldn’t mean losing your rights in a divorce. The Servicemembers Civil Relief Act (SCRA) provides crucial protections, but recent changes affect how California courts handle these cases. If you’re facing divorce while serving, understanding these updates could mean the difference between keeping or losing important rights.
The 3 Key SCRA Changes for 2025
California courts have adjusted how they interpret SCRA protections in divorce cases. These changes reflect the state’s growing military population and unique challenges servicemembers face.
- Shorter notice requirements: You now have just 21 days (down from 30) to request a delay after receiving divorce papers during deployment
- Stricter proof standards: Verbal confirmation of deployment no longer suffices. You must provide notarized copies of orders
- Modified stay durations: While the standard 90-day stay remains, judges now have discretion to extend it based on mission requirements
These changes create both challenges and opportunities. The tighter timelines mean you need to act faster, but the extended stay possibilities offer more flexibility.
How to Properly Request a Delay: Step-by-Step
Getting your divorce postponed requires following specific procedures. Miss one step, and you could lose valuable protections.
- Gather documentation immediately: Get copies of your deployment orders and any supporting materials
- File Form SCRA-2025: California introduced a new standardized form this year specifically for military divorce delays
- Serve all parties properly: Your spouse and their attorney must receive copies through approved methods
- Follow up with the court: Many requests get lost in bureaucratic limbo without proper tracking
Imagine trying to hit a moving target while blindfolded. That’s what navigating this process feels like without expert guidance.
What SCRA Does and Doesn’t Cover
Many servicemembers mistakenly believe SCRA pauses all divorce proceedings. The reality is more nuanced.
- Does cover: Temporary postponement of court appearances, certain financial obligations, and default judgments
- Doesn’t cover: Child support enforcement, some emergency custody matters, or long-term stays beyond 90 days without special approval
4 Critical Mistakes We See Servicemembers Make
After handling hundreds of military divorce cases across California bases, we’ve identified these common errors:
- Assuming automatic protection: SCRA rights aren’t granted unless formally requested
- Missing deadlines: The 21-day window closes faster than many realize
- Incomplete paperwork: Partial documentation leads to denied requests
- Not planning ahead: Even with a stay, you’ll need strategies for when it expires
Why You Need Military-Specific Legal Help
Civilian attorneys often misunderstand how SCRA interacts with California divorce law. We’ve seen cases where:
- A Navy officer nearly lost his home because his lawyer didn’t properly file for SCRA protection
- An Air Force member’s divorce proceeded by default when paperwork got sent to his old base
- A Marine’s custody rights were jeopardized because his attorney didn’t know about the 2025 changes
Our team specializes in the intersection of military service and California family law. We understand:
- Exactly which forms need filing and when
- How to document deployment status properly
- Strategies for protecting your rights during extended missions
- What to do if your initial request gets denied
Don’t leave your future to chance. Contact our military divorce team today to ensure your rights stay protected during service. Time is critical when dealing with these deadlines, and every day counts. Remember. SCRA protections only work if you activate them properly. Let us handle the legal details while you focus on your mission.
