Active duty military service creates demands that civilian life does not. Deployments, training exercises, and the unpredictability of military assignments make it genuinely difficult for service members to participate in civil legal proceedings on the same timeline that civilian parties can. Congress recognized this reality and created the Servicemembers Civil Relief Act to ensure that military service does not result in legal disadvantage simply because a service member cannot appear in court or respond to legal filings while on duty.
In the context of a military divorce in Florida, the SCRA is one of the most important pieces of federal law that both service members and their spouses need to understand. For service members, it provides meaningful procedural protections that can prevent adverse outcomes in their absence. For non-military spouses trying to move a case forward, it creates constraints that have to be navigated carefully and in compliance with federal law. Getting either side of this wrong can be expensive.
What the SCRA Is and Why It Exists
The Servicemembers Civil Relief Act is a federal statute codified at 50 U.S.C. Chapter 50. It was originally enacted as the Soldiers’ and Sailors’ Civil Relief Act in 1940 and was comprehensively updated and renamed in 2003. The law applies to active duty members of the Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, as well as to members of the National Guard called to active service under federal orders for more than thirty consecutive days.
The core purpose of the SCRA is to suspend or modify certain civil obligations and proceedings during a period of military service when that service materially affects the service member’s ability to participate. The law recognizes that a service member who is deployed overseas, in training, or otherwise unavailable due to military duties cannot be held to the same procedural timeline as a civilian who has the freedom to appear in court whenever needed.
In the divorce context, the SCRA affects several distinct areas: the ability to obtain a default judgment against a service member, the right to request a stay of proceedings, interest rate limitations on premarital debt, and other financial protections that may be relevant to the overall financial picture of the divorce.
A Tampa military divorce lawyer advising clients on either side of a military divorce will treat the SCRA not as an obstacle or a technicality but as a governing framework that shapes how the case proceeds from filing through resolution.
Protection Against Default Judgments
One of the most significant protections the SCRA provides is against default judgments. In a civil proceeding, including a divorce, if the defendant fails to respond to the complaint within the required time, the plaintiff can seek a default judgment, which is a ruling in their favor based on the defendant’s failure to appear. The SCRA imposes specific requirements before any default judgment can be entered against an active duty service member.
Before a default judgment can be entered, the party seeking the judgment must file an affidavit with the court stating one of two things: either the defendant is not in military service, or the plaintiff is unable to determine whether the defendant is in military service. This affidavit is a mandatory filing, not optional.
If the affidavit indicates that the defendant may be in military service, or if the court has reason to believe military service is possible, the court must appoint an attorney to represent the service member’s interests before any default judgment is entered. That attorney has the responsibility to contact the service member if possible, investigate the circumstances, and report back to the court.
The consequences of failing to comply with these requirements are significant. A default judgment entered against an active duty service member without following the SCRA procedures can be set aside, sometimes years after it was entered, upon the service member’s application. Under the SCRA, a court must reopen a default judgment if the service member makes application within ninety days of the termination of military service, can show that military service materially affected their ability to defend the case, and has a meritorious defense.
For a non-military spouse pursuing a divorce, this means that skipping the SCRA affidavit requirement is not just a procedural shortcut. It is a way of obtaining a judgment that can be undone later, at significant cost to both parties. A Florida military divorce attorney handling a case where the service member has not appeared will insist on proper compliance with the SCRA default procedures, not because it slows the process but because it protects the finality of the judgment.
For service members, understanding this protection means knowing that a default judgment obtained without proper SCRA compliance can be challenged. If a default was entered while a service member was deployed and unable to respond, and the required procedures were not followed, that default may be voidable.
The Right to Request a Stay of Proceedings
Beyond the default judgment protections, the SCRA gives active duty service members the right to request a stay of civil proceedings, including divorce. A stay is a pause in the legal proceedings that gives the service member time to address the case when military service no longer prevents their participation.
Under the SCRA, upon a proper application by the service member, a court must grant an initial stay of at least ninety days. The service member’s application must include a letter or other communication from the service member’s commanding officer stating that the service member’s current military duties prevent their appearance and that military leave is not authorized at the time of the application, and a letter from the service member stating that military service materially affects their ability to appear and providing a date when they will be available to appear.
The ninety-day mandatory stay is a floor, not a ceiling. After the initial ninety-day stay, the court may grant additional stays at its discretion if military service continues to affect the service member’s ability to participate. In cases involving extended deployments or other prolonged military commitments, the total period of a stay can be considerably longer than ninety days.
After the initial mandatory stay expires, the court has discretion to grant further stays. The service member bears the burden of demonstrating that continued military service materially affects their ability to participate. Courts evaluate this on a case-by-case basis, and the strength of the showing required for additional stays is generally higher than for the initial one.
It is important to understand that a stay under the SCRA is not automatic. The service member must request it with the proper documentation. A service member who is deployed but does not submit the required application and supporting documentation is not protected by the stay provision. A military divorce lawyer in Tampa representing a deployed service member will ensure that the stay application is properly prepared and submitted if circumstances warrant it.
For non-military spouses, a stay can be genuinely disruptive. A divorce that was expected to move forward on a normal timeline can be paused for months or longer if the service member successfully invokes the SCRA stay. Understanding when stays are legitimately available, how to respond when one is requested, and how to seek relief from a stay when military service has ended or no longer affects the service member’s ability to participate is an important part of navigating a military divorce.
Challenging and Lifting an SCRA Stay
Not every request for an SCRA stay is appropriate, and non-military spouses are not required to simply accept a stay without question. The SCRA provides a mechanism for the non-military party to apply to the court for relief from a stay.
The court can terminate or modify a stay if the court determines, in an application or otherwise, that the ability of the service member to comply with the judgment or order is not materially affected by their military service. This standard is meaningful. A service member who is not deployed, who is stationed domestically with regular access to leave, and whose military duties do not realistically prevent participation in the legal proceeding cannot use the SCRA as an indefinite delay tactic.
Courts have granted relief from stays in situations where the service member was stationed domestically and had reasonable access to participate in proceedings, where the service member was using the stay request as a litigation strategy rather than because military duties genuinely prevented participation, and where the non-military spouse faced genuine hardship from the delay.
A Florida military divorce attorney who understands the SCRA in this context can prepare a well-supported application to lift a stay that is not legitimately grounded in military service obligations, and can make the factual showing required to demonstrate that military service is not actually affecting the service member’s ability to participate.
The balance the SCRA tries to strike is between protecting service members who genuinely cannot participate in legal proceedings due to military service and preventing the SCRA from being weaponized as a delay tactic by service members who are trying to avoid the consequences of a divorce. Courts are generally sympathetic to legitimate SCRA protections and appropriately skeptical of pretextual ones.
Interest Rate Protections Under the SCRA
The SCRA’s protections extend beyond divorce proceedings to financial obligations. While these are not divorce-specific, they can affect the overall financial picture of a military divorce and are worth understanding.
Under the SCRA, the interest rate on any debt incurred before the period of military service is capped at six percent per year during the period of active duty service. This cap applies to mortgages, credit cards, and other consumer debt. The service member must notify the creditor in writing and provide a copy of their military orders to invoke this protection.
The six percent cap applies to the interest that accrues during the period of military service, not just during deployment. A service member who was a reservist and incurred significant consumer debt before being called to active duty can have the interest on that debt reduced for the entire period of active duty service.
In a divorce context, this protection can affect the value of marital debt if one or both parties have obligations that are subject to the SCRA interest rate cap. Understanding which debts are affected and for how long can be relevant to the overall debt allocation in the divorce settlement.
Eviction and Housing Protections
The SCRA also provides protections against eviction from rental housing during active duty service under certain circumstances. While this is not directly a divorce issue, it can become relevant in a military divorce where the non-military spouse is living in rental housing and the service member is deployed.
If the rent for the premises does not exceed a threshold adjusted annually for inflation, an eviction proceeding against a service member or their dependents during a period of military service may be stayed or otherwise affected by the SCRA. The servicemember or their dependents can request a stay of up to ninety days from the court.
This protection can be relevant in a military divorce where the non-military spouse and children are living in off-base housing while the service member is deployed, and the service member’s allotment or support payments are the primary source of funds for rent. Understanding the housing protections available under the SCRA can be important for military families navigating both divorce and housing transitions simultaneously.
How the SCRA Interacts with Florida Divorce Procedure
Florida’s divorce procedure has its own timelines and requirements that interact with the SCRA in specific ways. Understanding how these two frameworks fit together is essential for both parties in a Florida military divorce.
Florida requires that after a divorce petition is filed and served, the respondent has twenty days to respond. If the service member is on active duty and cannot respond within that time because of military service, the SCRA stay provisions can extend this deadline. The non-military spouse cannot simply proceed to a default because the service member did not respond within the standard twenty-day window if military service prevented that response.
Florida courts are required to follow the SCRA’s default judgment procedures. A divorce court that enters a final judgment of dissolution without following the SCRA affidavit requirements has entered a potentially voidable judgment. Florida courts generally take SCRA compliance seriously, and attorneys who appear in military divorce cases are expected to address SCRA issues as a matter of course.
The interaction between Florida’s mandatory disclosure requirements and the SCRA is also worth noting. Florida requires both parties in a divorce to exchange financial disclosure documents within a specified time after the case is at issue. If a service member is deployed and cannot complete the financial disclosure process, the SCRA stay may provide some protection against being found in violation of those requirements. Working with a Tampa military divorce lawyer who understands both Florida’s procedural rules and the SCRA framework helps ensure that these timing issues are handled correctly.
SCRA Protections for National Guard Members and Reservists
The SCRA applies to members of the National Guard and Reserves under specific circumstances that are worth understanding separately, because the activation requirements differ from those for regular active duty military.
National Guard members are covered by the SCRA when they are called to active service under a call or order to active duty from the President or Secretary of Defense for a period of more than thirty consecutive days. Training activations that do not meet this threshold do not trigger full SCRA protections, though some state law analogues to the SCRA may provide additional protections in those circumstances.
Reservists are similarly covered when they are on active duty pursuant to orders. A reservist who is not currently on active duty orders is generally not covered by the federal SCRA, though again state law may provide some protections.
For Tampa-area National Guard members and reservists who are called to active service, understanding when SCRA protections attach and how long they last is important. The protections begin when active duty orders are issued and generally end when active duty service terminates, with some additional protection periods for specific types of obligations.
A Florida military divorce attorney handling a case involving a National Guard member or reservist will analyze the specific orders in question to determine whether and to what extent the SCRA applies to the proceedings.
Practical Implications for Service Members Facing Divorce
For a service member facing divorce, the SCRA provides a real but limited set of protections. It is not a shield against divorce itself. A service member who is deployed can still be divorced in their absence, provided the SCRA procedures are followed. What the SCRA does is ensure that the service member has a meaningful opportunity to participate in the proceeding and is not permanently disadvantaged by a default entered while they were serving their country.
The most important practical steps for a service member facing divorce while on active duty are to retain a military divorce lawyer in Tampa as soon as possible, to provide that attorney with current military orders and contact information, to communicate with the attorney regularly about changes in assignment or availability, and to invoke the SCRA stay if circumstances genuinely warrant it rather than as a delay tactic.
Service members should also understand that the SCRA does not solve every problem. It does not stop child support or alimony from accruing. It does not prevent the court from entering temporary orders while a stay is in effect in all circumstances. And it does not eliminate the need for the service member to eventually participate in the proceedings. The SCRA buys time when time is needed. It does not make the case go away.
Practical Implications for Non-Military Spouses
For the non-military spouse in a Florida military divorce, the SCRA is a constraint that has to be respected and planned around. Attempting to circumvent SCRA requirements, whether by filing a false affidavit about the service member’s military status, proceeding to default without proper SCRA compliance, or taking other steps that violate the statute, can result in judgments being vacated, sanctions, and other consequences that set the case back significantly.
The most effective approach for a non-military spouse is to work with a Florida military divorce attorney who understands the SCRA and knows how to move a case forward efficiently within its constraints. That includes properly completing the military status affidavit, working with the court to appoint counsel for the service member if required, responding appropriately to stay requests, and seeking relief from a stay when one is being used improperly.
In many military divorces, the SCRA constraints do not actually produce significant delay. Many service members, even those on active duty, are able to participate in divorce proceedings with appropriate accommodations such as telephonic or video appearances. The SCRA framework is designed for situations where participation is genuinely impossible, not to produce automatic delays in every military divorce.
Frequently Asked Questions
Does the SCRA automatically pause my divorce if I am deployed?
No. The SCRA stay is not automatic. To obtain a stay of proceedings, a service member must submit a formal application to the court along with documentation from their commanding officer confirming that military duties prevent their appearance and that military leave is not authorized. Without that application and documentation, the case can proceed even during deployment. If you are a deployed service member and need a stay, you must actively request it through the proper channels, ideally with the assistance of a Tampa military divorce lawyer.
Can my spouse get a divorce while I am deployed without my knowledge?
Your spouse can file for divorce while you are deployed, but they cannot obtain a final judgment against you without complying with the SCRA’s requirements. Before any default judgment is entered, the court must receive an affidavit addressing your military status, and if you are on active duty, an attorney must be appointed to represent your interests. A divorce can proceed in your absence if proper steps are taken, but the SCRA creates procedural protections designed to ensure you have a meaningful opportunity to participate when military service ends.
How long can an SCRA stay last?
The initial mandatory stay under the SCRA is at least ninety days. After that, the court can grant additional stays at its discretion if military service continues to materially affect the service member’s ability to participate. In cases involving extended deployments or other prolonged military obligations, the total stay period can extend well beyond ninety days. However, additional stays require the service member to demonstrate continued material impact, and the non-military spouse can apply to lift a stay that is no longer justified.
Does the SCRA apply to National Guard members?
The federal SCRA applies to National Guard members when they are called to active service under federal orders for more than thirty consecutive days. Training activations and state activations that do not meet this threshold generally do not trigger full federal SCRA protections, though Florida may have state-level protections that apply in some circumstances. Whether a particular National Guard activation triggers SCRA coverage depends on the specific orders, and a military divorce attorney in Tampa can analyze the orders to determine what protections apply.
Can the SCRA stop child support or alimony from being ordered while I am deployed?
The SCRA can stay the divorce proceeding itself, but it does not necessarily prevent a court from entering temporary orders for child support or alimony during the stay. Florida courts have the authority to address urgent support issues even when a full stay is in effect, particularly when children are involved. The SCRA is not a mechanism for avoiding temporary support obligations during a deployment, and service members should not expect the stay to eliminate those obligations while the case is pending.
What happens if a default judgment was entered against me while I was deployed and the SCRA procedures were not followed?
A default judgment entered in violation of the SCRA can be set aside. Under the statute, a court must reopen a default judgment entered against a service member if the service member applies within ninety days of the termination of military service, demonstrates that military service materially affected their ability to defend the case, and shows they have a meritorious defense to the claims. If you believe a default was entered against you while you were on active duty and the SCRA procedures were not followed, consulting with a Florida military divorce attorney promptly is essential, both to evaluate whether the judgment can be challenged and to act within the applicable time limits.
Does the SCRA six percent interest rate cap apply to my mortgage during deployment?
Yes, if the mortgage was taken out before your period of active duty service began. The SCRA caps the interest rate on pre-service debts, including mortgages, at six percent per year during the period of active duty service. To invoke this protection, you must provide the lender with written notice and a copy of your military orders. The lender is then required to reduce the interest rate to six percent for the duration of your active duty service. This protection can be significant for service members with variable rate mortgages or high-interest debt that predated their active duty service.
The Servicemembers Civil Relief Act is one of the most important legal tools available to active duty military personnel facing civil proceedings, and it is one of the legal frameworks that most clearly distinguishes military divorce from civilian divorce. For service members at MacDill Air Force Base and throughout the Tampa Bay area, understanding what the SCRA actually provides, and what it does not, is the foundation for making sound legal decisions during a difficult time. Working with a Tampa military divorce lawyer who knows this law thoroughly is the most reliable way to ensure those protections are properly invoked and properly respected by everyone involved in the proceeding.
Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group Family & Divorce Lawyers, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.