The Service Members’ Civil Relief Act is the amended version of the Soldier and Sailors Civil Relief Act of 1940 (SSCRA), a federal law governing (and protecting) military personnel from certain applications of civil law. SCRA provides protection for servicemen and women and their families on the theory that a military member should be able to go about his duties without concern about litigation. SCRA was last amended during Operation Desert Storm in 1991.

SCRA, which was enacted on the eve of World War II when the United States enacted its first peacetime draft, protects servicemen who, by virtue of being away from home in military service, might not be able to answer and/or enter an appearance in court and thus be exposed to a default judgment against them. A military defendant in a civil action may enlist SCRA to postpone a legal action against him or her for the duration of his military service plus 60 days. Generally, however, in cases where the defendant is in the military, "the court must stay the proceedings for at least 90 days (upon application of the Service Member or his attorney or on the court’s own motion)" when the court determines there "may be a defense to the action and defense cannot be presented without the presence of the Service Member."

If the service member is still on active duty, the decree must address the requirements of due process under the Soldiers’ and Sailors’ Civil Relief Act. Thus, a Service Member can easily use SCRA to contest a divorce he or she does not want. For example, a spouse-husband is on the ground in Afghanistan. His military service would probably have a material effect on his ability to be present for the divorce. In this case, a stay would probably be granted, but this does not mean that a civilian spouse can never get a divorce, or that her husband never has to show up. Even if a stay is granted, it only postpones the litigation; it does not remove it.

If the military spouse in this case wished to contest the divorce, SCRA would probably be grounds he could use. If he did not contest the divorce, he could default by waiving his rights and let the action proceed.

Unless a court finds that a military spouse’s ability to defend or pursue action is not materially affected by his military duties, a SCRA stay can last for the duration of his service plus sixty days. According to one source, "[t]he majority of service members cannot prove they are materially affected as a result of their military service when a divorce is filed against them; however, overseas duty could allow the service member to obtain a stay of proceeding temporarily."

Service members are still subject to the same civil and criminal laws as civilians. Under some circumstances, there may be a military regulation that would allow or compel him to return to the United States. For example, there is a regulation dealing with paternity and nonsupport cases, which authorizes leave for the service member.

All divorce actions require that the military status of the respondent be documented in compliance with SCRA. This includes divorces where the respondent is missing. At the least, however, at some point in the divorce process, the civilian spouse must authenticate the military status of the other spouse; that is, whether he or she is covered by SCRA.

Very often in divorces, the military spouse waives his right to SCRA protection from litigation. This always true in uncontested divorces.

In addition, SCRA provides other protections to military families, including caps on interest rates on debt obligations entered before beginning active duty, restrictions from eviction, and special conditions for the termination of property and automobile leases.