How does the SCRA protect servicemembers from default judgments in a divorce case?
The SCRA also offers many protections for a servicemember from the entry of a judgment by default in a divorce case. A divorce judgment entered by default may not be lawfully entered against a servicemember in his or her absence unless the court follows the procedures as set out in the SCRA. As explained earler, when the servicemember has not made an appearance, 50 U.S.C. App. 521 governs. The court must first determine whether an absent or defaulting part is in the military servicemember. Before the entry of a judgment of divorce or for an order for support, the moving party or the plaintiff must file an affidavit or a certification that sates “whether or not the defendant is in the military serve and showing necessary facts in support of the affidavit.” There are criminal penalties that are provided for filing a knowingly false affidavit or certification of non-military service. 50 U.S. Code App. 201, which applies to any divorce or a family law case provides servicemembers with reli
The SCRA also offers many protections for a servicemember from the entry of a judgment by default in a divorce case. A divorce judgment entered by default may not be lawfully entered against a servicemember in his or her absence unless the court follows the procedures as set out in the SCRA. As explained earlier, when the servicemember has not made an appearance, 50 U.S.C. App. 521 governs. The court must first determine whether an absent or defaulting part is in the military servicemember. Before the entry of a judgment of divorce or for an order for support, the moving party or the plaintiff must file an affidavit or a certification that sates “whether or not the defendant is in the military serve and showing necessary facts in support of the affidavit.” There are criminal penalties that are provided for filing a knowingly false affidavit or certification of non-military service. 50 U.S. Code App. 201, which applies to any divorce or a family law case provides servicemembers with rel
The SCRA also offers many protections for a servicemember from the entry of a judgment by default in a divorce case. A divorce judgment entered by default may not be lawfully entered against a servicemember in his or her absence unless the court follows the procedures as set out in the SCRA. As explained early, when the servicemember has not made an appearance, 50 U.S.C. App. 521 governs. The court must first determine whether an absent or defaulting part is in the military servicemember. Before the entry of a judgment of divorce or for an order for support, the moving party or the plaintiff must file an affidavit or a certification that sates “whether or not the defendant is in the military serve and showing necessary facts in support of the affidavit.” There are criminal penalties that are provided for filing a knowingly false affidavit or certification of non-military service. 50 U.S. Code App. 201, which applies to any divorce or a family law case provides servicemembers with relie
