Servicemembers Civil Relief Act
20. What is the Soldier’s and Sailors Civil Relief Act?
The most important law that protects the rights of our military men and women is the SSCRA, or the Soldiers’ and Sailors’ Civil Relief Act. Congress initially passed legislation at the start of World War II called the Solders’ Sailors’ Civil Relief Act (SSCRA) to provide protection to these in the armed formed. It was enacted in 1940, and the SSCRA was updated after the Gulf War in 1999 but it was still largely unchanged as of 2003. The Servicemembers Civil Relief Act (SCRA) was written to clarify the language of the SSCRA, and to update the SSCRA to reflect the changes in American life since 1940.
The Act was passed by Congress to enable those serving in the military to devote their entire energy to the defense needs of the nation, and to provide for a temporary suspension of any judicial and administration proceedings and transaction that must adversely affect the civil rights of servicemembers during their military service.
21. How does the SCRA affect my divorce case?
From a New Jersey divorce, legal separation or paternity perspective, the SCRA applies to all proceedings, including post-decree matters, etc. The SCRA does not protect servicemembers in administrative proceedings or criminal cases. The SCRA also covers active duty servicemembers, reservists and members of the national guard.
Many servicemembers erroneously believe that the SCRA provides them with total immunity from being sued. This is another major myth in military law. The SCRA does not provide a servicemember with a blanket immunity against being sued or from being made a participant in a litigation proceeding. The primary remedy under the SCRA is that it halts a lawsuit(s) and a divorce case. In legal terminology the SCRA “stays the proceedings†issued by any tribunal or a court. These stay orders are uniquely useful in a divorce case. They provide a means for suspending the divorce until the servicemember who is a party is available to participate.
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