A stay could help postpone court for military members

On Behalf of | Aug 17, 2022 | Military Family Law |

When you’re in the military and your spouse asks for a divorce, you may find it difficult to be present for scheduled hearings. You’re busy with your job, and as much as you’d like to handle this situation, you need to focus on the tasks at hand.

The good news is that you have the option of seeking a stay on the divorce. If you can show that you are unable to attend a hearing or administrative proceeding because of your military service, you may be able to get a stay, or postponement, until you can return. There are limits, but for the most part, you can seek this support with the support of the Servicemembers Civil Relief Act.

Why is a military stay allowed?

A military stay’s purpose is to make sure that you have an opportunity to appear in court. When you don’t appear in court without a stay in place, the court may rule in your spouse’s favor. To prevent that from happening, you need to show up in court.

Through the Servicemembers Civil Relief Act, you will be protected against issues like default judgments because of failing to respond to the lawsuit. Thankfully, with the right application for a military stay, you will be able to delay the actions until you can get home.

You deserve an opportunity to fight for what you want in divorce

Feeling like you don’t have an opportunity to make decisions about your divorce or to have a say in what happens is terrible. There are laws to protect you, and you can make it clear that you want to be involved and won’t allow decisions to be made while you’re away for military service.

If you want to look into seeking a stay, you may want to discuss the possibility with your attorney. Not all aspects of a divorce can be delayed, and not all can be delayed perpetually, so you will need to look into your specific situation to determine if you can seek a stay and be able to delay your divorce until you have time to seek legal support.