RPM Law

The Servicemembers Civil Relief Act and its role in divorce

As a member of the armed forces, you should know that there are legal protections available to you that are not available to civilians. The Servicemembers Civil Relief Act exists so that you can get the legal help you need when you need it. The SCRA covers a lot; it even offers protections if you end up getting a divorce during the time you are on active duty.

What benefits does the SCRA offer military members living in Arizona? What protections does it provide? How exactly can it help when getting a divorce?

SCRA benefits

Deployments and frequent moves are tough on members of the armed forces. Getting out of various contracts would end up costing them a fortune if it were not for the SCRA. Some of the current benefits include:

  • Ability to cancel internet, phone and television services without penalty
  • Right to terminate vehicle leases when deployed
  • Ability to get out of rental contracts without penalty
  • Allow spouse to get out of lease if servicemember dies on duty
  • Block certain things from a report to credit agencies
  • Drop interest rates on all accounts to 6%

Military members do not get a say when it comes to staying in a particular area. They should not receive penalty because of it. The SCRA makes it possible for them to move on without having to worry about how a change of station or deployment will affect them financially. Of course, some stipulations accompany these protections, which legal counsel can explain in detail.

SCRA protections

Being an active duty servicemember can take a significant toll on your life. Monetarily, you may find yourself struggling. The SCRA protects you when you find yourself unable to meet certain debt obligations. For example:

  • Can prevent eviction
  • Prevents vehicle repossession
  • Can stop foreclosure proceedings
  • Prevents storage centers from selling personal belongings without a court order

The goal of all of these protections is to ensure that no one takes advantage of active duty individuals while they are out serving the country.

SCRA and divorce

When it comes to divorce, the SCRA prevents your spouse from taking you to civil court to finalize the matter. Mediation or negotiation are the preferred methods to deal with marital dissolution issues.

Divorce as a civilian is challenging. Divorce as a member of the armed forces is even more complex. There is a lot involved that complicates matters. With help and with the SCRA on your side, it is possible to dissolve one's marriage as swiftly as possible while not doing too much damage to your future.

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