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How the Service Member Civil Relief Act Affects Military Divorce

In 2003, President George Bush created an act that entitles active duty members to a delay of divorce while protecting the United States during a time of war. Essentially, this act allows soldiers who are out on the front-lines fighting for their country to avoid the drama and difficulty of a divorce during this time. Their spouse will have to wait until this military member is back from active duty in order to enforce the divorce. This may be difficult for military spouses who are anxious to end a difficult and constraining marriage, but it works as a benefit to soldiers who don’t want to be distracted while in combat.

According to the Service Members Civil Relief Act, soldiers need to have their rights protected. H.R. 100 is responsible to provide all service members with up to 90 days stay in civil proceedings. If a soldier needs an additional stay, then he or she has the right to apply. If denied, then that soldier will be given a counsel who will protect his or her rights during this time of difficulty. The act also protects deployed soldiers from undo stress while serving their country. The government wants to make sure that those who have given so much to this country aren’t faced with unnecessary distraction and heartbreak while out on the front lines.

If a soldier chooses that he or she doesn’t want to put a delay on the divorce and would rather handle the situation while still in combat, then he or she has the right to do this. In this situation, the government is responsible to aid the soldier in any way he or she needs assistance to finalize the divorce in short order. Talk to a military divorce attorney today if you need more information about the firm or about how to handle your situation.


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