The Impact of Military Service on Divorce Timelines
Divorce is rarely simple, but when one spouse is an active-duty service member, the legal process can face serious obstacles due to federal protections granted under the Servicemembers Civil Relief Act (SCRA). This federal law, designed to safeguard the legal rights of servicemembers while they are on active duty, has wide-ranging implications for Florida divorce cases—particularly those involving members stationed at or deployed from MacDill Air Force Base or other military installations.
While many believe the SCRA only protects military members from financial obligations, it also affects family law cases, including the filing, progression, and resolution of divorce. In many situations, the SCRA can delay proceedings, restrict court actions, or invalidate default judgments. In others, it can provide breathing room for negotiations, preserve procedural fairness, and potentially save a military marriage that is under stress from distance, deployment, or conflicting legal timelines.
Understanding how the SCRA intersects with Florida divorce law is crucial, and no party should proceed without the guidance of a Tampa divorce lawyer well-versed in both state statutes and military-specific legal protections. This article explains the SCRA’s relevance to divorce litigation, outlines the procedures for invoking a stay, and details how Tampa courts apply federal military law in the context of marital dissolution.
What Is the SCRA and Why Does It Matter in a Tampa Divorce?
The Servicemembers Civil Relief Act (SCRA), codified at 50 U.S.C. § 3901 et seq., is a federal statute that protects active-duty members of the armed forces from civil legal proceedings that could impair their rights while they are unable to participate fully due to military service.
SCRA protections apply to:
- Members of the Army, Navy, Air Force, Marine Corps, and Coast Guard
- Reservists and National Guard members activated under federal orders
- Commissioned officers in active service of the Public Health Service or NOAA
In the context of a Tampa divorce, the SCRA becomes relevant when:
- A divorce is filed while one spouse is on active duty
- The active-duty spouse cannot attend hearings due to military orders
- A default judgment is sought against an absent servicemember
- Litigation or mediation timelines are compromised by deployment
- The non-military spouse seeks to push the case forward despite limited communication
A Tampa divorce lawyer must recognize when SCRA provisions apply and advise clients—whether civilian or military—accordingly.
SCRA and the Automatic Stay: Delaying the Divorce Process
One of the most powerful tools under the SCRA is the ability of a servicemember to request a stay, or pause, of proceedings. Under 50 U.S.C. § 3932, a court must grant a minimum 90-day stay of any civil legal action if certain conditions are met.
Requirements for a stay include:
- A written communication from the servicemember stating that military service materially affects their ability to participate in the proceeding
- A statement indicating a date when the servicemember will be available to appear
- A letter or communication from the commanding officer confirming that military duties prevent attendance and that leave is not authorized
If these requirements are satisfied, the Florida family court is obligated to pause the proceedings for 90 days. After the initial stay, the servicemember can request additional stays, though these are discretionary with the court.
For a Tampa divorce lawyer, navigating the timing of such requests is essential. Delays may affect discovery deadlines, mediation scheduling, temporary relief motions, and even parenting plan decisions.
Avoiding Default Judgments Against Military Spouses
Florida courts cannot enter a default judgment against a military spouse without complying with the SCRA. If a spouse files for divorce and the active-duty member fails to respond, the court must verify whether the non-responding party is in military service.
To comply with the SCRA, courts generally require:
- An affidavit of non-military service from the filing spouse
- Confirmation through the Department of Defense Manpower Data Center (DMDC)
- Notice to the servicemember and an opportunity to be heard
If the court finds that the spouse is actively serving, it must appoint an attorney to represent their interests and assess whether a stay is appropriate. Failure to follow these steps can result in a default judgment being vacated later.
A Tampa divorce lawyer representing a civilian spouse must proceed cautiously, as rushing to judgment can result in wasted time and attorney’s fees if the court later sets aside the decree due to improper SCRA compliance.
Practical Scenarios: When the SCRA Changes the Divorce Landscape
- Deployment During Divorce
A Tampa couple initiates divorce, but one spouse is deployed overseas for six months. The deployed servicemember cannot participate in depositions or attend mediation. Under the SCRA, they request a stay. The court grants the 90-day pause, and additional time is provided upon showing continued unavailability. - Attempted Default in Absence of Response
A spouse files for divorce in Hillsborough County. The respondent is active-duty Air Force and stationed in Germany. They do not answer the petition. The petitioner seeks a default, but the court denies the request pending verification of military status and appointment of counsel under SCRA. - Use of the SCRA to Negotiate More Favorable Terms
A military member under marital stress uses the time provided by the SCRA stay to engage in counseling and consider reconciliation. In the end, the parties resume cohabitation, and the divorce is voluntarily dismissed.
These scenarios reflect real legal dynamics that can significantly influence the direction and outcome of a divorce. A Tampa divorce lawyer must understand how the SCRA can shift the timeline and the litigation strategy.
Impact on Child Custody and Parenting Plans
In Florida, child custody decisions (referred to as “timesharing” and “parental responsibility”) must reflect the best interests of the child. When one parent is active-duty military, deployment and temporary duty assignments complicate the ability to create or enforce parenting plans.
While the SCRA does not directly govern custody, its stay provisions may delay proceedings that affect timesharing. In turn, Florida courts may:
- Issue temporary custody orders pending the outcome of a delayed hearing
- Appoint guardians ad litem to represent the child’s interests
- Require supervised visitation or remote contact through video platforms
- Defer major custody decisions until the servicemember is able to participate fully
A Tampa divorce lawyer representing a military parent must advocate for provisions that maintain the parent-child bond during deployments, while preserving the servicemember’s rights to participate in permanent custody hearings once available.
When the SCRA Can Save the Marriage
Although often used as a tool to delay litigation, the SCRA may, in some cases, provide time for reconciliation. For couples strained by distance, financial stress, or the unique challenges of military life, the breathing room provided by a stay may:
- Prevent hasty decision-making during deployment
- Allow for counseling or family reintegration following return
- Give spouses time to negotiate an amicable resolution without the pressure of immediate court deadlines
Military marriages are often uniquely vulnerable to stress, but they also often show extraordinary resilience. The SCRA’s delay provisions can be used not only as a shield in litigation but as a pause for reflection. A Tampa divorce lawyer can guide clients through this period with realistic expectations and strategic advice.
Limitations of the SCRA in Divorce Cases
While the SCRA offers important protections, it is not a permanent barrier to divorce. Florida courts retain the authority to:
- Proceed with temporary relief hearings when justified (e.g., child support or protection orders)
- Limit extensions if no clear hardship is demonstrated
- Require proof of ongoing unavailability and military necessity
- Appoint legal representatives to act in the servicemember’s absence
Judges must balance the servicemember’s rights with the civilian spouse’s need for resolution. A Tampa divorce lawyer must craft arguments and documentation that support or oppose a stay based on the specific facts of the case.
How the SCRA Affects Military Retirement and Financial Disclosures
The SCRA does not shield income or assets from equitable distribution in Florida. A military spouse must still provide full financial disclosures, including:
- LES (Leave and Earnings Statement)
- Retirement account balances
- Housing allowances (BAH), subsistence allowances (BAS)
- Bonuses, special pay, or deployment stipends
A Tampa divorce lawyer must ensure that these assets are included in marital property evaluations. The SCRA protects the servicemember’s procedural rights—not their financial disclosures.
Procedural Steps to Invoking the SCRA Stay
To successfully delay divorce proceedings under the SCRA, the military member (or their attorney) must:
- Submit a written request for stay
- Provide a statement explaining how military duties affect ability to appear
- Offer a date when they will be available
- Attach a letter from a commanding officer confirming duty obligations and lack of leave
Failure to follow these steps precisely may result in denial of the stay. A Tampa divorce lawyer must ensure all procedural requirements are met to avoid unintended waiver of protections.
The Role of Tampa Courts in Enforcing the SCRA
Tampa’s family court judges—particularly those handling cases involving military personnel—are familiar with the SCRA’s protections and expectations. Courts typically:
- Evaluate the legitimacy of the claimed hardship
- Require supporting documentation before granting extensions
- Limit the stay to periods where military service genuinely interferes with participation
- Monitor compliance and status updates if the stay is extended
A Tampa divorce lawyer must present evidence in a compelling and organized manner, especially when opposing or defending the continuation of a stay.
Balancing Rights: When One Spouse Is Ready and the Other Cannot Appear
SCRA protections, while necessary, can sometimes cause hardship for civilian spouses. A Tampa divorce lawyer representing the non-military party may seek partial relief by:
- Requesting temporary support
- Filing emergency motions on custody
- Seeking status conferences to prevent the case from becoming inactive
- Asking the court to set future dates for review or automatic resumption
Judicial fairness requires that neither party be left in limbo indefinitely. Well-structured case management orders can strike the balance between military necessity and civilian rights.
Conclusion: Using the SCRA Strategically and Responsibly
The Servicemembers Civil Relief Act provides important safeguards for those defending the country while also navigating personal legal matters. In divorce, it operates as both a sword and a shield—delaying court action to preserve fairness, but not barring litigation entirely.
A Tampa divorce lawyer must approach every military divorce with awareness of the SCRA’s implications. Whether representing the servicemember or the civilian spouse, the attorney’s role is to ensure compliance with federal law while also advancing the client’s goals in the divorce.
Used strategically, the SCRA can protect procedural rights, delay litigation until participation is possible, and even create space for reconciliation. Used improperly, it can result in avoidable legal missteps and reversals of default judgments. Understanding the limits and potential of the SCRA is essential for any Florida family law practice with military clients.
FAQ: The SCRA and Divorce in Tampa
Can I still file for divorce in Florida if my spouse is on active duty?
Yes, but you must comply with the SCRA. If your spouse is on active duty, the court may delay the proceedings to allow them to participate.
What is an SCRA stay in a divorce case?
An SCRA stay is a temporary pause in court proceedings granted to a military spouse who cannot participate due to active-duty obligations.
How long can the SCRA delay a divorce?
Initially, the court must grant a 90-day stay. Additional delays may be requested but are not guaranteed.
Does the SCRA apply to child custody?
It can delay custody proceedings, but Florida courts may still issue temporary orders to protect the best interests of the child.
Can I get a default divorce if my spouse is deployed?
Not without confirming military status and complying with the SCRA. Courts will appoint counsel to protect absent servicemembers’ rights.
Can the SCRA stop support orders?
No. Courts may still enter temporary child or spousal support orders even if the divorce is delayed due to military service.
What if my military spouse won’t respond to my divorce petition?
You must check their military status and, if they are active duty, follow SCRA rules before proceeding with a default.
Is the SCRA automatic, or does my spouse have to request it?
It is not automatic. The military spouse must submit a proper request with supporting documentation.
Can the SCRA help us reconcile before finalizing the divorce?
Yes. The delay may provide time for counseling, reintegration, or negotiation, especially after deployment.
Do Tampa courts understand the SCRA?
Yes. Tampa family law judges are experienced with military divorce issues and typically apply the SCRA fairly and consistently.
The McKinney Law Group: Tampa Divorce Attorneys Focused on Solutions, Not Drama
Divorce doesn’t have to mean conflict. At The McKinney Law Group, we focus on effective solutions and long-term planning—not unnecessary drama. Our Tampa clients benefit from level-headed legal guidance grounded in strategy and results.
We handle:
✔ Initial divorce filings and strategy sessions
✔ Creating parenting agreements and holiday schedules
✔ Dividing marital property with fairness and clarity
✔ Negotiating or litigating alimony and support issues
✔ Adjusting court orders to reflect life’s changes
To get started, call 813-428-3400 or email [email protected].