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
