The government is not noted for its eloquent writing style. Here is a sample from the user’s guide to The Servicemembers Civil Relief Act (SCRA): “The Servicemembers Civil Relief Act (SCRA) (50 USC App. § 3901 et seq, as amended), formerly known as the Soldiers’ and Sailors’ Civil Relief Act of 1940, provides members on active duty status with important safeguards in …civil judicial proceedings.” Getting past its cumbersome wording, the SCRA is a two-sided shield, both protecting military men and protracting their Virginia divorce.

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Military Protection for Divorce

The men and women protecting our country also deserve protection, which is why the SCRA exists. As a military man, you have almost nothing to say about your postings, destinations, or duration of overseas postings. So you cannot be expected to conduct normal civil affairs from afar. The SCRA provides many benefits and protections, such as these described by Military.com:

  • Your landlord cannot evict you unless the rent is higher than $9,106.46 per month (for 2023; the amount changes annually)
  • Foreclosures cannot proceed without a court order
  • Your personal vehicle cannot be repossessed without a court order if you made a deposit, or at least one payment, before you joined the military
  • Your possessions in a self-storage locker cannot be sold for overdue rent without a court order

The most significant SCRA protection, though, involves civil legal proceedings. You cannot be taken to court for civil proceedings, including divorce and child support hearings, if you are in the military.

When Can a Court Stay Proceedings?

If a civil legal action is taken against you while you are on active military duty (home or abroad) or within 90 days after separation from service, a Virginia court can automatically stay (delay) the execution of that proceeding, order, or judgment for 90 days.

One condition: the court could find that your military duty does not significantly affect your ability to comply with the order, judgment, or finding.

To prevent default judgments (finding against you for failure to appear in court, for example), the SCRA requires the complainant (the person filing against you) to prove you are not in the military.

The 90-day delay can be automatic or you can request it. But for some matters, why would you request a delay?

What If You Don’t Want to Delay Proceedings?

What happens if you do not want to delay anything? What happens if you want to get your divorce over and done, and you are stationed far away from Virginia?

You can get a relatively fast divorce (anywhere from eight to 15 months) while serving our country:

  1. Confirm your residency and domicile
  2. Select your family law attorney with great care
  3. Work with a lawyer who has worked with the military before
  4. Give your attorney wide latitude to handle the paperwork, filings, and negotiations on your behalf
  5. Push for an uncontested, no-fault divorce
  6. Communicate frequently with your attorney and spouse
  7. Allow your attorney to file affidavits so that you do not have to appear in court

How Long Does Uncontested Divorce Take for Military?

While the SCRA can delay and drag out civil proceedings to protect you, you do not have to shield yourself behind those protections. You can opt to move civil proceedings along through your attorney.

In general, a no-fault, uncontested divorce takes between eight months to 15 months:

  • You and your spouse must be separated for six months if you have no children
  • With children from the marriage, your separation must be twelve months
  • Through timely court filings, the actual divorce decree can be issued as little as one month or, sometimes, up to three months after the separation period

Your civilian attorney has no control over the court’s schedule, so a Virginia Circuit Court judge may need up to 90 days to complete the final divorce decree. It can also occur in as little as 30 days.

Ensuring Your Military Divorce Goes Smoothly

Despite the seeming complexity of being stationed overseas for a divorce, you can pursue any family law matter by relying on an experienced, helpful Virginia attorney. Key points to smooth the process include:

  • Arranging with your spouse for a no-fault, uncontested divorce
  • Settling the five key areas of divorce smoothly and amicably (child support, child custody, spousal support, parenting time schedules, and property settlement)
  • Working closely with a good Virginia family law attorney
  • Communicating honestly and openly with your spouse and attorney, keeping in mind differences in time zones from Virginia and your overseas posting
  • Responding as quickly as possible to your attorney’s directions
  • Practicing patience

A quick divorce is possible for a military man, on just about the same schedule as a Virginia civilian could enjoy. If you keep your eye on your ultimate goal, you can work through any obstacles of paperwork, email, texting, videoconferencing, court filings, and property settlement. A good, experienced divorce lawyer is central to making your military divorce happen.

Military man? The Firm For Men wants to hear from you! Contact us today or call us at (757) 383-9184 and we can start providing complete legal services for your family law issue. If you need an expedient, efficient divorce, we are here to help Virginia’s men get the protections and results they want.