Under 50 U.S. Code App. §202, the court may, on its own motion, and shall, upon application by a servicemember which meets these criteria, stay the proceedings for at least 90 days:

1. The applicant is in the military service, or within 90 days after it ended,
2. The applicant has actual notice of the proceeding,
3. The application is in writing, and includes facts stating how military service materially affects ability to appear, and a date when the servicemember may appear, and
4. The application includes a communication from the servicemember's commander that the military duty prevents appearance, and leave is not available.

The initial 90-day stay is mandatory. Thereafter, the servicemember may apply for an additional stay, using the same criteria. The court may deny a subsequent application, however, providing that an attorney is appointed to represent the servicemember.

Simply being stationed overseas, thereby making it more expensive to appear, does not materially affect a servicemember's ability to appear as long as the servicemember is allowed to take leave. And courts know that servicemembers accrue 30 days of leave per year.

A servicemember invoking this protection must justify the need for a stay (e.g. the LES proves there is no leave accrued), and have his/her commander write the request. Bear in mind that family law courts in Colorado Springs, which has several military installations, work with servicemembers by allowing telephonic testimony, or scheduling hearings during periods of authorized leave (such as mid-tour leave for a servicemember in Korea). The result is that military personnel are protected, but family law proceedings can still continue.

Finally, if a request for a stay is denied, the servicemember cannot then invoke the protections in section 201 to set aside the default judgment.