Military service brings unique demands and challenges, not just for servicemembers themselves but also for their families. Divorce and custody proceedings involving active-duty members of the military are further complicated by legal protections that apply specifically to those in service. Chief among these protections is the Servicemembers Civil Relief Act (SCRA), a federal law designed to shield active-duty service members from legal and financial consequences when military obligations prevent full participation in civil matters.
The SCRA touches virtually every aspect of civil litigation involving servicemembers, including divorce, custody, alimony, and support enforcement. For a Tampa divorce attorney, understanding the SCRA is critical to protecting both the rights of military personnel and the integrity of the judicial process.
This article provides a comprehensive overview of the SCRA and its impact on family law matters in Florida, focusing specifically on how Tampa courts interpret and apply this legislation in divorce and custody disputes.
Overview of the SCRA
The Servicemembers Civil Relief Act, codified in 50 U.S.C. §§ 3901–4043, was enacted to provide legal protections to members of the armed forces so they can focus on their duties without undue distraction from civil litigation. The law applies to:
- Active duty members of the Army, Navy, Air Force, Marine Corps, and Coast Guard
- Members of the National Guard and Reserves when called to active duty
- Commissioned officers of the Public Health Service and National Oceanic and Atmospheric Administration
Among its many provisions, the SCRA allows for the postponement of civil court proceedings, limits on default judgments, protections against foreclosure and eviction, and caps on interest rates. In the family law context, the most significant aspects of the SCRA involve civil litigation delays, service requirements, and judicial discretion in custody cases.
Applicability in Florida Divorce and Custody Cases
Florida courts, including those in Hillsborough County, must adhere to the SCRA when a servicemember is a party to litigation. A Tampa divorce attorney handling such cases must navigate both state family law and federal military protections to ensure due process is observed.
Key SCRA protections in family law include:
- Stay of Proceedings
- Protection Against Default Judgments
- Tolling of Time Limits
- Child Custody Considerations
- Protections from Enforcement While Deployed
Each of these provisions plays a significant role in how divorce and custody cases proceed when a party is actively serving in the military.
1. Stay of Proceedings
One of the cornerstone protections of the SCRA is the right to request a stay of proceedings when military service materially affects a servicemember’s ability to participate. Under the law, a court must grant an initial stay of at least 90 days upon proper application, and may grant additional stays as appropriate.
To request a stay, the servicemember must submit:
- A letter or statement explaining how military duties affect their ability to appear
- A statement from a commanding officer verifying that duty requirements prevent leave or availability
A Tampa divorce attorney seeking a stay for a servicemember must ensure that the request is supported by proper documentation. Courts generally grant stays when deployment or active duty creates legitimate logistical or operational barriers to court participation.
Limitations and Considerations
While the SCRA provides robust protections, courts may deny extensions if they believe the servicemember is abusing the process or if the service obligation no longer interferes with participation. Florida courts will consider whether remote communication or counsel representation may substitute for personal appearance.
2. Protection Against Default Judgments
If a servicemember fails to respond to a divorce petition or court summons, the SCRA prohibits the entry of a default judgment until specific steps are followed.
Before entering a default judgment, the court must:
- Determine whether the defendant is a servicemember
- Appoint an attorney to represent the servicemember if their status is uncertain
- Stay the proceedings if the servicemember’s military service impairs their ability to defend
A Tampa divorce attorney seeking relief against a non-responsive party must investigate their military status using a Department of Defense certificate of service before proceeding. Failure to do so may result in the judgment being set aside.
3. Tolling of Statutes of Limitation
The SCRA tolls (pauses) the running of any statute of limitation for claims brought by or against a servicemember during their period of service. This includes timelines for filing petitions, responses, and enforcement actions.
In divorce cases, this means that a delay caused by military service will not bar a claim for equitable distribution, alimony, or modification, provided the servicemember’s absence was due to active duty obligations.
4. Custody Considerations and the SCRA
The SCRA does not directly govern custody decisions, which remain under state jurisdiction. However, it influences how courts treat servicemembers who are unavailable due to military obligations.
Florida courts consider the best interests of the child as the guiding principle in custody cases. When one parent is on active duty or deployed, courts will:
- Avoid making permanent custody changes based solely on deployment
- Allow temporary modifications during deployment
- Restore the original arrangement after deployment, unless circumstances require otherwise
A Tampa divorce attorney representing a deployed parent must advocate for temporary orders that preserve the servicemember’s custodial rights without penalizing them for military service.
Delegation of Time-Sharing
Under Florida law, a deployed parent may delegate their time-sharing rights to a relative or another adult, subject to court approval. Courts evaluate whether this arrangement serves the child’s best interests and whether the delegate is suitable.
5. Enforcement Protections During Military Service
The SCRA limits enforcement actions, such as wage garnishment or contempt orders, when a servicemember’s ability to comply with a court order is impaired by their service. Courts may:
- Stay enforcement proceedings
- Modify support obligations temporarily
- Postpone hearings
These protections are not automatic. A Tampa divorce attorney must request relief under the SCRA and demonstrate the service-related hardship.
Alimony and Support Obligations
The SCRA does not prevent courts from ordering alimony or child support, but it does ensure that enforcement does not occur without due process. If a servicemember faces sanctions for non-payment, they may invoke SCRA protections to delay proceedings or seek modification based on service-related income limitations.
SCRA and Marital Settlement Agreements
Parties to a divorce may enter into a marital settlement agreement (MSA) even when one is an active-duty servicemember. The SCRA does not prevent voluntary settlement. However, the agreement must be entered into knowingly and without coercion.
A Tampa divorce attorney should confirm that any agreement involving a servicemember was made with full understanding and proper representation to avoid later challenges based on SCRA protections.
Jurisdictional Issues in Military Divorce
Determining proper jurisdiction in military divorce cases requires careful analysis. Florida courts may only exercise jurisdiction if:
- One party is a resident of Florida
- Florida is the domicile of the servicemember
- The parties were married in Florida and one continues to reside here
Servicemembers stationed in Florida temporarily may not be considered residents for divorce purposes. A Tampa divorce attorney must evaluate whether jurisdiction is proper before filing or defending a divorce involving active military personnel.
Residency and Domicile of Servicemembers
Unlike civilians, servicemembers may retain their home state domicile even when stationed elsewhere. Florida law allows servicemembers to file for divorce in the county where they are stationed if they intend to remain and consider Florida their permanent home.
SCRA and Property Division
The SCRA does not alter Florida’s rules for equitable distribution of marital assets and debts. However, the valuation and division of certain military benefits, including pensions, must comply with federal rules such as the Uniformed Services Former Spouses’ Protection Act (USFSPA).
For property division purposes, courts will:
- Classify and value retirement benefits
- Determine the marital portion of the servicemember’s pension
- Order division according to Florida’s equitable distribution standards
A Tampa divorce attorney handling military divorce cases must be familiar with the interplay between state law and federal military benefit regulations.
Modifications During and After Deployment
Deployed servicemembers who experience changes in income or parenting time may seek modification of support or custody orders. The SCRA allows for delays in filing if service obligations interfere, but the servicemember must act promptly once deployment ends.
Temporary modifications may be issued during deployment and revisited upon the servicemember’s return. Courts avoid making permanent changes unless the circumstances warrant it.
Technology and Remote Participation
With advances in video conferencing, Tampa courts increasingly allow deployed servicemembers to participate in hearings remotely. While this doesn’t eliminate the need for formal stays in all cases, it reduces the likelihood that deployment alone will delay proceedings indefinitely.
A Tampa divorce attorney may request accommodations such as:
- Virtual mediation or testimony
- Written depositions or affidavits
- Attorney representation in limited hearings
These options allow servicemembers to remain engaged in their case without compromising their military obligations.
Practical Considerations and Strategic Tips
- Verify Military Status Early
Determine whether a party is protected under the SCRA as soon as litigation begins. Use the Defense Manpower Data Center (DMDC) to confirm status. - Use Clear Communication with the Court
If the servicemember is unavailable, provide the court with a detailed explanation and documentation to support any requested delay. - Balance SCRA Protections with Judicial Efficiency
Courts may grant stays, but they will not tolerate abuse. Ensure requests are based on genuine service-related barriers. - Anticipate Long-Term Impacts of Deployment
Plan for temporary custody and support changes during deployment. Establish clear contingencies to minimize conflict and confusion. - Collaborate When Possible
Cooperative arrangements often yield better outcomes than contested litigation. Encourage negotiation, mediation, and creative scheduling. - Understand the Interplay of Federal and State Law
A Tampa divorce attorney handling military cases must know both the SCRA and how Florida family law adapts to the needs of servicemembers.
FAQ: SCRA and Military Divorce in Florida
Does the SCRA apply in Florida divorce cases?
Yes. Florida courts must comply with the SCRA in all civil matters involving active-duty servicemembers, including divorce and custody proceedings.
Can a servicemember delay a divorce case under the SCRA?
Yes. A servicemember can request a stay of proceedings if their military duties materially affect their ability to participate. An initial 90-day stay is mandatory with proper documentation.
What happens if a servicemember doesn’t respond to a divorce petition?
A court cannot enter a default judgment against a servicemember without first determining their military status and following SCRA procedures, including appointing an attorney.
Can custody be changed while a parent is deployed?
Only temporarily. Florida courts avoid permanent custody changes based solely on deployment and aim to restore the original arrangement after the servicemember returns.
Does the SCRA affect child support?
It can delay enforcement or modification proceedings if military service impairs the servicemember’s ability to comply or appear in court.
Can a servicemember participate in hearings remotely?
Often, yes. Courts increasingly accommodate remote appearances via video conference, especially during deployment or training assignments.
How does the SCRA affect jurisdiction?
A servicemember stationed in Florida may file for divorce here only if Florida is their legal residence or domicile. Temporary duty does not create jurisdiction on its own.
Is military pension subject to division in divorce?
Yes, under Florida law and the Uniformed Services Former Spouses’ Protection Act. Courts divide the marital portion of military retirement based on duration of service during the marriage.
Can a deployed parent assign their visitation to someone else?
Yes. Florida allows temporary delegation of time-sharing to a suitable adult relative during deployment, subject to court approval.
Do SCRA protections end immediately after deployment?
No. Courts may allow additional time for servicemembers to re-engage in litigation once deployment ends, especially if they were stationed overseas.
Conclusion
The Servicemembers Civil Relief Act plays a vital role in divorce and custody proceedings involving military personnel. It ensures that servicemembers are not disadvantaged in civil litigation due to their commitment to national service. However, the law also imposes responsibilities on both servicemembers and opposing parties to act in good faith, follow proper procedures, and maintain fairness.
A Tampa divorce attorney must understand how to use the SCRA to protect client rights while keeping cases moving forward. Whether representing a servicemember or the civilian spouse, a deep knowledge of this law ensures compliance, reduces delays, and supports outcomes that are equitable for all involved.
The McKinney Law Group: Start-to-Finish Divorce Services for Tampa Clients
From your first consultation to your final decree, we’re here for you. The McKinney Law Group provides comprehensive legal support for Tampa residents during every phase of divorce.
We help with:
✔ Initial strategy and case planning
✔ Filing and responding to divorce petitions
✔ Asset division, custody, and support
✔ Trial preparation or settlement negotiation
Call 813-428-3400 or email [email protected] to get started.