Soldier & Sailors Civil Relief

For Military Members & Spouses Filing for Divorce

If you or your spouse is in the military, some unique issues must be taken into account when considering filing for divorce. While you may be in agreement and generally amicable and able to file an uncontested divorce, in which case there is very little difference between it and a non-military divorce, a provision in the Soldiers' and Sailors' Civil Relief Act (SSCRA) may make the process of getting a military divorce more complicated. It is crucial that you seek the legal representation of an Austin divorce lawyer that is well versed in the laws and regulations that pertain to military divorce and inform them, if you believe it could possibly apply to you or your spouse.

The SSCRA was passed in 1940 to give certain legal protections to members of the armed forces currently on active duty. For our purposes, what matters is that an on-duty member of the armed services has the right to delay civil proceedings, including divorce, if it can be shown that the service member's duties prevent him or her from attaining adequate representation in court. This Act also applies to members of the Reserves and National Guard, if they are on active duty.

Experienced Austin Divorce Attorney

If you are attempting to secure a military divorce, it would be in your best interest to consult your lawyer for more information on this subject ahead of time. If your spouse is already claiming that the SSCRA provision applies to him or her, ask your attorney if he or she actually has the right to do so. If they cannot prove that their situation meets the condition of the provision, that they are serving on active duty and consequently prevented from adequate legal representation, then proceedings actually cannot be delayed as it would not apply.

The divorce attorneys of Zinda & Davis PLLC provide legal representation to both men and women who are members of the armed forces. Our practice includes legal advice and representation in a range of divorce matters including uncontested divorce, contested divorce, military divorce, filing for modifications to divorce agreements, child support, child custody, as well as enforcement of custody or support agreements.

Contact an Austin divorce attorney for representation in your military divorce.