Protection for Active Servicemembers: The Servicemembers Civil Relief Act

Heavy deployments have taken a toll on our soldiers serving the El Paso community and our country at Fort Bliss, Texas. Lengthy deployments and redeployments can place an enormous strain on a marriage.

Whether a soldier is facing a divorce, child support modification or any other type of legal proceeding-family-related or not-he or she should be aware of the protections and limitations of the Servicemembers Civil Relief Act (the "SCRA").

The SCRA was enacted to impose a temporary suspension of legal proceedings and transactions that could affect the rights of active duty servicemembers. Upon request by a servicemember who has been deployed-and only upon receipt of deployment orders-most matters pending in a court of law will be abated (put on hold) for 90 days. The judge can also impose this abatement on his or her own.

Who the SCRA Protects:

  • All active servicemembers serving in any of the five military branches
  • Public Health Service Officers detailed for duty with the Army or Navy
  • Reservists on active duty
  • Persons in training or education before induction into the armed forces
  • Dependents of active servicemembers
  • Who the SCRA Does Not Protect:
  • Active servicemembers who are AWOL
  • Active servicemembers who are confined under sentence of a court-martial
  • Deserters
  • Retired or reserve personnel not on active duty
  • Civilian employees
  • Contract surgeons
  • Government contractor employees
  • Merchant seamen accompanying the Army
  • Clients of reservist attorneys recalled to active duty

Jim K. Jopling
Attorney at Law
747 East San Antonio, Suite 103
El Paso, Texas 79912

(915) 541-6099

Toll Free Facsimile:
(866) 864-6854