Congress long ago decided that no one should lose a lawsuit because they were busy defending the country. The Servicemembers Civil Relief Act — 50 U.S.C. § 3901 and following — puts that principle into enforceable procedure, and few places does it matter more than divorce, where cases move on short clocks and default judgments carry lifetime consequences. For Patrick Space Force Base families and servicemembers with cases in Brevard County courts, understanding what the SCRA does — and does not do — shapes the entire litigation. The Law Office of John Vernon Moore, P.A. brings over 89 years of combined experience to both sides of SCRA issues: members invoking the protections and spouses litigating around them.
The Two Core Protections in Divorce Cases
1. The stay of proceedings. A servicemember whose military duties materially affect their ability to participate may request a stay — a pause — of the case. The request requires a letter from the member explaining how duty prevents appearance and stating when they could appear, plus a letter from the commanding officer confirming duty prevents appearance and that leave is not authorized. Done properly, the initial 90-day stay is mandatory; further extensions rest in the court’s discretion, weighing the member’s circumstances against the other party’s need to proceed.
2. Default judgment protection. Before entering default against any defendant who has not appeared, the plaintiff must file an affidavit of military status — verified through the Defense Manpower Data Center — and if the defendant is in service, the court must appoint an attorney for the absent member and generally may not enter default without SCRA compliance. Defaults entered in violation can be reopened while the member is in service and for 90 days after, where the member had a meritorious defense and service prejudiced their ability to present it.
What the SCRA Does Not Do
The SCRA is a shield for genuine duty conflicts, not a strategy for avoiding divorce. It does not prevent a spouse from filing; it does not stop temporary support obligations from accruing (and service regulations require family support even without a court order); it does not apply where duties do not materially prevent participation — a member stationed at Patrick SFB with normal duty hours will rarely sustain repeated stays; and courts can and do deny extensions where the record suggests delay for its own sake. Judges balance real fairness in both directions: the member’s right to be heard and the family’s right to resolution. A stay used strategically — to prepare properly, not to stall — preserves credibility for when it is genuinely needed.
Strategy for Servicemembers
The stay decision deserves more thought than it usually gets. Invoking a stay delays everything — including relief the member might want, like a timesharing schedule enforceable on return or resolution of support at accurate numbers. Often the stronger play is limited participation through counsel: appearing, negotiating, and resolving agreed issues remotely while reserving contested matters, virtual hearings having made this dramatically easier. When a stay is the right call, the paperwork must be exact — both letters, with the required content; a defective request forfeits the mandatory stay. And a caution: requesting a stay may constitute an appearance for some purposes, so coordinate the SCRA position with the jurisdictional strategy — particularly where contesting Florida’s power to divide the military pension is on the table, since pension jurisdiction under the USFSPA has its own consent rules.
Strategy for the Civilian Spouse
An SCRA stay is manageable when the case is built for it. File early — the clock runs even through stays, and retroactive support reaches back to cover the gap. Verify military status precisely and follow the affidavit procedure to the letter, because a default worth having is a default that survives. Seek temporary relief where the member can participate remotely; courts routinely handle interim support and parenting issues by video even during stays of the main case. Use the service’s own family support regulations through the command channel while court orders are pending. And document everything about the member’s actual availability — leave taken for other purposes, participation in other litigation, TDY calendars — because discretionary stay extensions turn on exactly that record. With over 89 years of combined experience, our team has litigated stays from both chairs and knows what Brevard County judges expect from each side.
Can my spouse divorce me while I am deployed?
The case can be filed, and uncontested matters can resolve by agreement. What the SCRA prevents is the case being forced to judgment over your objection when deployment genuinely prevents participation — a properly supported stay request pauses contested proceedings, initially for at least 90 days.
Does the SCRA stop child support while I am deployed?
No. Support obligations continue, service regulations independently require family support, and once ordered, support is collected by allotment or DFAS garnishment regardless of location. The stay pauses litigation, not obligations.
My deployed spouse is using the SCRA to stall. What can the court do?
After the initial 90 days, extensions are discretionary. Courts scrutinize whether duties truly prevent participation — and virtual hearing capability has narrowed that claim considerably. Evidence of selective availability is the strongest answer to a tactical stay, and temporary relief can often proceed meanwhile.
A default was entered against me while I was in the service. Is it final?
Possibly not. Defaults entered without SCRA compliance can be reopened during service and for 90 days after, where you had a meritorious defense and service prejudiced you. Timing is critical — bring the judgment to counsel immediately.
Protection Used Well Is Protection That Lasts
SCRA issues reward precision — in paperwork, timing, and strategy — on both sides of the case. The Law Office of John Vernon Moore, P.A. represents servicemembers and spouses throughout Melbourne, Patrick Space Force Base, Palm Bay, Viera, and Titusville. See our military divorce process overview, then call (321) 529-7777 or schedule a consultation.