Legal Protections Under the Service Members Civil Relief Act
Hello, my name is Dylan Savage of Wirth Law Office in Oklahoma City, Oklahoma, and today we are going to talk about the protections afforded to military members and service members while they are deployed. Initially, service members were protected by the Soldiers and Sailors Act, which dates back to around the 1940s. This act has since been modified to provide more clarification through the Service Members Civil Relief Act.
The Service Members Civil Relief Act provides three main protections for deployed service members. Firstly, it prevents default judgment against you in any legal proceedings while you are deployed. Secondly, if you were aware of any proceedings before your deployment and could not attend due to your service, the Act stops all actions in that proceeding from moving forward.
Financial and Legal Protections
In addition to halting proceedings, the Act also protects service members from having any judgments vacated against them during their deployment. This includes protecting you from garnishments and other financial actions. Essentially, these protections help ensure that you maintain financial stability while you are serving your country.
These protections also extend to custody proceedings. If you were unaware that your significant other was seeking a divorce or trying to take custody of your children while you were deployed, they cannot secure a default judgment against you. This means they cannot start legal proceedings and receive a judgment without your presence or knowledge.
Implications for Ongoing Legal Matters
Even if your significant other manages to serve you with divorce papers, the proceedings cannot move forward until you return. This also applies to any modifications in existing cases. If your relationship status changes while you are deployed, your significant other cannot seek to modify custody or other arrangements without your involvement.
These legal protections ensure you are not caught off guard by legal actions while you are focused on your duties. They allow you to serve without unnecessary stress about legal matters back home.
Get a Low-Cost Consultation
If you found this information helpful or believe it could assist someone else, please visit theoklahomacityattorney.com. For further assistance, consider reaching out to a Oklahoma City divorce lawyer for a low-cost consultation at 405-888-5400. Again, my name is Dylan Savage of Wirth Law Office, and thank you for watching this video.
