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Servicemembers Civil Relief Act Stay

By Janice G. Inman
November 29, 2012

When a U.S. soldier is deployed, or otherwise unavailable to defend his or her rights in a court of law because of military service, the law typically is clear: Proceedings must wait until the service member is sufficiently unencumbered by military duty to be able to prepare and present a case. Often, the delays imposed on court proceedings by the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. App. ” 501-597b, can work a real hardship on the opposing party to the action.

When the action being stayed is a divorce case, is there any recourse for the non-military-member spouse caught in limbo? On most such matters, the answer is probably “No,” at least until the service member's crucial duty is completed. However, one recent decision has opened the door to some limited relief for divorcing parties who may be harmed by a SCRA-compelled delay in the proceedings. In Lawry v. Lawry, 12/2413, NYLJ 1202574550134, at *1 (Sup., MO, Decided October, 2012)(Dollinger, J.), Supreme Court, Monroe County, was faced with a conundrum, but ultimately concluded that although a stay of proceedings is required due to the unavailability of a divorcing military member, that stay need not apply to all aspects of the divorce action.

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