Home > divorce, family law general, law general > SCRA…And what the Heck does that have to do with my divorce?

SCRA…And what the Heck does that have to do with my divorce?

In helping people handle their divorce cases, one of the most common questions I get asked is WHY does the court care if the parties are active duty military?  This question comes up in the Military Affidavit that is a required filing in all family law actions…State of Utah or not.  The law that governs this is actually federal law.  It’s call the Servicemembers Civil Relief Act, and it’s found at 50 U.S.C. App. §§501-597b.  The purpose of the Act, as stated within it, is to make it so members of the military who are on active duty/deployed can fully focus on their jobs as opposed to having to worry about civil actions being brought against them.  This doesn’t just speak to divorces–it’s ANY civil litigation, from debt collection to divorce to any other legal action that could be brought against a person.

military

Protecting our Servicemembers while they are protecting us.

Because the SCRA is applicable to all civil actions, the court has to have a filing submitted stating whether or not either of the parties is active duty military.  It’s a very brief little affidavit, and the best way to comply with the requirements on it is to go to the Department of Defense Manpower Data site, enter the person’s name, birthday or social security number, and hit “submit.”  A little pdf certificate will be produced that you can just print out and attach to the Military Service Affidavit for filing with the court.

The website is fully secure…in fact, the damn thing is encrypted in such a way that your web browser might not think it’s a secure site.  It is.  So go ahead and ignore the browser’s warning about how it May Be Dangerous.

There’s a link to the DoD page at the right under My Links… So don’t worry, it’s not a big deal, it’s just required…And may well be the easiest thing that you do in your divorce action.

Advertisements
  1. No comments yet.
  1. No trackbacks yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: