Overview of the Servicemembers Civil Relief Act

One of the most important laws that protects servicemembers who reside in or are stationed near Lake County, Illinois is the Servicemembers Civil Relief Act.

Although this law offers valuable protections to military personnel who are going through a child custody dispute or a military divorce, it also affords important benefits that are not specific to family law.

With respect to divorce and child custody, if a military member can demonstrate that she cannot participate in or attend a proceeding because of military duty, then she is entitled to an automatic 90-day delay. All she has to do is provide the proper documentation that she meets the requirements.

If a military member needs additional time beyond the 90 days, he may ask the court for up to 90 more days to prepare his case. The military member may exercise this option in divorce, child custody and civil child support cases.

The Servicemembers Civil Relief Act applies in related proceedings as well. For example, a solider can use the Act to get relief if she discovers a default judgment has been entered against her or if she is the target of debt collection activities, including collection activities related to a divorce or separation.

A solider or sailor may have additional rights under the Servicemembers Civil Relief Act which may have a bearing on their family law case. Particularly if they are deployed, military personnel should consider consulting with an attorney about their options.

The Servicemember Civil Relief Act is also just one example of the unique features of military divorces and family law matters. Any member of the military who is facing a family law problem will want to go over their rights carefully.