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How the Servicemembers Civil Relief Act can delay your divorce

When you're a member of the armed forces, especially at a time of war or when a natural disaster hits, you're constantly subject to being deployed to a foreign land or another part of the country. Your unit can even be re-activated to respond to a crisis in the years after you retire. The last thing that you need dropped in your lap when you're either preparing to deploy or off fighting a war is divorce papers.

Fortunately, the Servicemembers Civil Relief Act (SCRA) affords you special legal rights that protect you from having to put fighting for your country on the back burner just to respond to a divorce filing or child custody dispute.

The SCRA covers any National Guard members that are given an active-duty status by the federal government. It applies to anyone who belongs to either the regular or reserve forces who is on active duty as well.Any members of the Coast Guard who are actively supporting the armed forces are also covered by SCRA.

If you're covered under the SCRA, then you can have your divorce hearings postponed for at least 90 days provided that you request such as stay in writing. If an additional delay is required because your deployment has been extended, then you may petition the judge presiding over your case to postpone hearings for additional period of time as well.

Many Colorado Springs active duty military members invoke the SCRA as a way of having divorce and child custody hearings postponed until they can be present at them. If you're deployed overseas or even domestically as an active duty member of the United States armed forces, then a military divorce attorney can help you make decisions in the best interests of your children.

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