Are you seeking a divorce from your spouse who is on active duty? Are you serving our county and your spouse has filed for a divorce? Is your spouse trying to modify child support? The Báez Law Firm can help you ensure that your rights are protected and enforced to the full extent of the law. As a Service member here is what you need to know…
Service member’s Civil Relief Act:
The Service member’s Civil Relief Act, also known as SCRA, was enacted in 2003. This act was formally known as the Soldier’s and Sailor’s Civil Relief Act or SSCRA. The SCRA is a federal law which protects service members while they are on active duty and members of the National Guard called to active duty.
How can SCRA help me?
SCRA can offer service members many different protections for court proceedings, rent, insurance rates, mortgages, etc. One of the most important protections is known as a stay of the proceedings. What does this mean? Since you are unable to appear in court, the proceedings may be postponed for at least 90 days.
Appointment of an attorney:
Since you are serving in the military, the court can appoint an attorney to make sure your interest and rights are protected.
Default judgment protection:
What is a default judgment? It is a judgment that has been entered in favor of one of the parties involved in the suit since the opposing party failed to respond to the suit or take some form of action. If the court entered a default judgment against you, because you did not file an answer or respond to the suit, the court that entered the default judgment may reopen the case and reconsider the judgment. You or your attorney must apply for the court to reopen the case no later than 90 days after you were released or terminated from your military service. Additionally, you must meet a certain burden before the court will reopen the case.
If you have any questions regarding your rights as a service member call the attorneys at The Báez Law Firm. We can help you make the right decisions for you and your family. Contact our law firm today for more information! 210-979-9777