Military Divorce Guide

Comprehensive Family Law Information for Servicemembers & Family Members.

    • Home
    • Black & Graham Site
    • Family Law Guide
    • About Carl
    • Contact
Share/Save
Printer-friendly versionPrinter-friendly version

About the Guide

The Military Divorce Guide was created by Carl O. Graham, a Colorado Springs, CO divorce lawyer and former Army JAG officer. As a principal of Black & Graham, LLC, domestic relations and criminal defense attorneys, Carl is in charge of the firm's family law practice, and focuses exclusively on Colorado divorce & family law, including military divorce issues.

  • Military Updates
  • Military Divorce Guide
    • Jurisdiction Over Servicemembers
      • Subject-Matter Jurisdiction
      • Personal Jurisdiction Over Servicemembers
      • Service of Process on Military Personnel
    • Division of Military Retirement
      • Types of Military Retirement
      • Disposable Retired Pay
      • Colorado Formula for Military Retirement Division
      • Servicemember Still on Active Duty
      • Direct Retirement Payments from DFAS
    • Disability & Divorce
      • VA Waiver of Military Retirement
      • Indemnity for VA Waiver
      • Combat-Related Special Compensation (CRSC)
      • Disability Retired Lists (TDRL / PDRL)
      • Disability Severance Pay
      • Traumatic Injury Protection (TSGLI)
    • Survivor Benefit Plan (SBP)
      • SBP Beneficiaries
      • SBP Election
      • SBP Premium Costs
      • SBP Premium Payment Responsibility
      • SBP Suspension or Termination
    • Military Family Support
      • Army Family Support
      • Air Force Family Support
      • Navy Family Support
      • Marine Corps Family Support
      • Coast Guard Family Support
    • Former Spouse Military Benefits
      • 20/20/20 and 20/20/15 Benefits
      • Continued Health Care Benefit Program / COBRA
      • Mixed Reserve & Active Time for 20/20/20 Benefits
    • Garnishment of Military Pay
      • Garnishing Military Retirement & VA Disability
      • Maximum Garnishment Limitations
    • Servicemembers Civil Relief Act (SCRA)
      • Protection from Default Judgments
      • Stay of Civil Proceedings
      • Colorado Reservist Parent Protection
    • Domestic Violence
      • Lautenberg Amendment
      • Domestic Violence Victim Benefits
    • Obtaining Military Records
    • Reserve Family Law Issues
    • Understanding Military Pay
    • Life Insurance
    • How to Hire a Military Divorce Attorney
    • Paternity & The Military

Our mobile version

Protection from Default Judgments

  • SCRA

50 U.S. Code App. §201, which applies to any civil action, provides servicemembers being sued (which includes being sued for paternity or divorce) with relief against default judgment. A party seeking a default judgment must first submit an affidavit stating whether the defendant is or is not in the military, or that the party does not know whether defendant is in the military. A judgment obtained without the affidavit is voidable if the servicemember later shows that his/her military service prejudiced the presentation of a defense.

Unless the affidavit states that the defendant is not in the military, the divorce court must appoint an attorney to represent him/her. The responsibility of the court-appointed attorney is to ascertain whether the defendant is in the military and, if so, typically to request a stay of proceedings in the defendant's behalf.

A court shall reopen the default judgment and allow the servicemember to defend the case when:

  1. The judgment was entered during the military service or within 60 days thereafter,
  2. The servicemember's ability to defend the case was materially affected by the military service,
  3. The servicemember has a meritorious or legal defense, and
  4. The application to reopen is made during the military service, or within 90 days after it ended. Technically, this means total military service, such as ETS or retirement, not just the specific deployment or other foreign service which prevented the servicemember from appearing.

 

‹ Servicemembers Civil Relief Act (SCRA) up Stay of Civil Proceedings ›
Military Divorce Guide, Copyright © Black & Graham, LLC  (www.blackgraham.com). Reprint Information

128 S. Tejon St Ste 410, Colorado Springs, CO 80903  (Map to Office)  Tel: (719) 328-1616  Fax: (719) 630-8495.

This site is informational, and not a substitute for legal advice from one of the Colorado Springs military divorce law firms, lawyers or attorneys. Only a signed agreement with this Colorado Springs divorce lawyer creates a lawyer-client relationship. We practice in Colorado Springs / El Paso, Teller, Douglas, and Pueblo Counties, and the neighboring military installations (Fort Carson, Peterson Air Force Base, the Air Force Academy, Cheyenne Mountain Air Station, and Shriever AFB). We practice in Colorado family law (Colorado divorce, military divorce issues, child support law, grandparent visitation & rights, common law marriage, child custody law, legal separation law, annulment, alimony law, etc), and criminal defense.  Login