Being deployed in the military can be an enormously stressful experience, even when operations overseas proceed smoothly and without major conflict. Still, taking care of one's affairs on the home front while on active deployment can be a monumental task in itself. When service members are considering getting a military divorce, it can be extremely helpful to obtain legal advice from a local lawyer. In California, there are many laws concerning divorce, and the same is true regarding the military. As a result, those obtaining a military divorce in California may quickly become overwhelmed and confused through no fault of their own.
Service members may have heard of the Servicemembers' Civil Relief Act. Until one needs a divorce, though, a service member may never need to know the components of the Act. If one is getting a divorce, knowing the main elements of the Act can help with understanding one's rights during this difficult time. Essentially, the SCRA offers service members key protections when it comes to civil actions. An Orange County divorce attorney can help any member of the service understand the SCRA more thoroughly.
The first main element of the SCRA is that it offers military members protections against default judgments. For example, if a member of the military is the defendant in a civil action, the court cannot order entry of judgment against the service member until after appointing an attorney to represent the service member. The second element of the SCRA is that it offers the opportunity for military members to receive a stay in proceedings in non-default judgment situations. If certain requirements are met a stay can often be granted for a minimum of 90 days, but the court may also grant more stays at its discretion.
A third element of the SCRA is that courts may stay the executions of both judgments and orders against service members. In addition, courts may stay or vacate certain executions of orders or judgments against service members, if the court finds that the person's military service materially affects their ability to comply with the execution.