22. How does the SCRA enable a servicemember to “stay†a divorce case?
When a servicemember has not made an appearance, the family court’s next step is to decide whether to grant a stay of the divorce case. For a servicemember’s defense, the SCRA states that the court shall stay the proceedings for at least ninety days (upon application of counsel on the court’s own motion) if the court determines that there may be a defense to the action and a defense cannot be presented without the presence of the defendant.
Pursuant to 50 U.S. Code App. 202, the court may, on its own motion, and shall, upon application by a servicemember which meets these criteria, stay the divorce proceedings for at least 90 days if the:
The applicant is in the military service, or within 90 days after it ended;
The applicant has actual notice of the proceeding;
The application is in writing, and includes facts stating how military service materially affects ability to appear, and a date when the servicemember may appear; and
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