The Servicemembers Civil Relief Act (“SCRA”) protects service members who are on active duty and have a pending legal action. If a person is active in the military and divorce proceedings are pending, the service member can apply for a stay of the proceedings– halting further legal process in a trial or other legal proceeding. The servicemember must provide a letter or other form of communication which states why the servicemember’s current military duty prevent him from appearing in the legal matter. Upon proper notice and documentation, the court must stay the proceedings for a minimum of 90 days.
If you need a divorce attorney in the Orange County area to discuss a divorce issue such as child support, custody, spousal support and property division, contact Treviño Law. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Please note that this blog is advisory only. Facts and circumstances may alter the divorce trial outcome. Please contact a family law attorney in Orange County to discuss your case in detail.
