Legal actions where one party is a member of the U.S. Armed Forces can be challenging as they typically implicate specific procedural requirements under federal law. As a result, virtually all civil legal proceedings—including family law cases—naming a military servicemember as a defendant or other responsive party must comply with the federal protections afforded by the Servicemembers Civil Relief Act (SCRA) under Title 50 of the United States Code.
If you are going through a divorce or facing another family law matter involving a military servicemember, you stand to benefit from the experienced legal counsel of an Orange County attorney from Moshtael Family law. With more than 130 years of combined legal experience, our legal team has successfully handled various family law issues, including those concerning the provisions of the SCRA.
Ordinarily, state law governs matters connected with divorce, marriage, and domestic relations. However, when a military servicemember is involved, the federal SCRA comes into play. Under the SCRA, members of the U.S. Armed Forces enjoy certain legal and procedural protections when it comes to legal action taken against them during times of deployment or similar military service.
Among the SCRA’s protections is a requirement for the plaintiff to file an affidavit with the court concerning the nature and extent of the defendant’s military service, or whether the plaintiff can confirm or deny the defendant’s military service. Importantly, it is a crime to file a false affidavit, punishable by criminal fines, and even incarceration in a federal prison.
Additionally, the SCRA provides servicemembers with the following protections:
Although military service can be difficult for families, one’s decision to serve our country should not be punished in court. At Moshtael Family Law, our team of attorneys has decades of valuable experience with a broad range of family law disputes, including matters where an active duty member of the military is involved. We are committed to finding a just and fair resolution to your family law dispute, taking in the impact of military service into account.
Please call Moshtael Family Law at or contact our office online today to arrange for an initial consultation about your case. We're proud to offer military discounts.
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