What Servicemembers Need to Know
When
a spouse is deployed overseas, particularly in an active-duty location,
participating in a divorce proceeding can be extraordinarily difficult. A servicemember may ask: Can military deployment pause the case?
Under
both federal and Georgia law, the answer is often yes, provided specific legal
requirements are met.
Federal Protection Under the Servicemembers Civil Relief Act (SCRA)
The
Servicemembers Civil Relief Act (SCRA) protects active-duty servicemembers
whose military obligations materially affect their ability to participate in
civil litigation, including divorce proceedings.
If
a servicemember can show that military duties materially affect their ability
to appear in court or participate in litigation, the court is required to grant
a minimum 90-day stay upon proper application. Importantly, this protection
extends beyond courtroom appearances. It also applies to responding to
discovery requests, gathering documents, and meaningfully assisting counsel.
To
qualify for the mandatory stay, the servicemember must submit:
1. A written statement
explaining how military duties materially affect the ability to participate and
providing an estimated date of availability; and
2. A letter from the
commanding officer confirming that current military duties prevent
participation and that leave is not authorized.
Georgia courts recognize that when a servicemember
properly complies with the Servicemembers Civil Relief Act (SCRA) and
demonstrates that military duties materially affect the ability to participate
in litigation, a stay is generally required. So long as the statutory
documentation is submitted, courts must grant the mandatory stay, unless there
is affirmative evidence showing that military service does not materially
impair the servicemember's rights.
At
the same time, SCRA protections are not automatic. The servicemember must
affirmatively request relief and provide sufficient supporting documentation,
including evidence of active-duty status and an explanation of how military
obligations prevent participation. If the required materials are incomplete or
missing, a court may deny the request.
Georgia
courts also retain limited discretion in evaluating whether military service
truly prevents meaningful participation. A stay may be denied if the evidence
shows that service obligations do not materially affect the ability to respond,
appear, or assist counsel. However, any denial must be grounded in competent
evidence, not assumptions or speculation about the servicemember's
availability.
Additional Protection Under Georgia Law
Georgia
law provides independent support for continuances, requiring a judge to
continue a case if military service prevents a party's attendance. Counsel must
state under oath that they cannot safely proceed without the servicemember's
presence.
The
court's discretion must be grounded in factual evidence demonstrating whether
military service materially affects the ability to defend the case.
As
with the SCRA, unsupported statements are insufficient, and sworn evidence is
required.
Bottom Line
A
deployed servicemember may be entitled to delay a Georgia divorce proceeding under
both federal and state law.
Under
the SCRA, a 90-day stay is mandatory if the servicemember provides:
·
A
statement explaining how deployment materially affects participation; and
·
A
commanding officer's letter confirming military duty prevents involvement and
that leave is unavailable.
Additional
stays may be granted if the material effect continues.
However,
without proper documentation, courts may deny the request. For deployed
servicemembers, careful compliance with statutory requirements is essential to
securing the protections the law provides.