How can an ex-spouse oppose a stay issued by the SCRA?
It is clear from the above that there are an abundance of protections that are provided to servicemembers from the SCRA. However, family law attorneys will be quick to recognize that these protections, especially the stay of the proceedings, can be an extreme hardship in many cases. Unpaid support and custody and visitation problems all confront military families. Therefore, in many cases it may be necessary for a military spouse to oppose a request for a stay of a divorce case. Counsel for the military spouse can file a motion to vacate the stay based on the grounds that it is not made in good faith. Most courts hold that a servicemember must exercise due diligence and good faith in trying to arrange to appear at court. When a servicemember demonstrates bad faith in his or her dealing with the court, no stay will be granted. The lawyer opposing the stay also should absolutely examine whether the servicemember’s presence is necessary. In many family law cases, the issues presented to t
