Protections Available To Active Military Personnel During A Massachusetts Divorce

| Apr 10, 2017 | Military Divorce |

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The Service members Civil Relief Act provides for a mandatory stay of at least ninety days upon a proper request by a qualifying servicemember “the court may on its own motion and shall, upon application by the servicemember, stay the action for a period of not less than 90 days, if certain conditions are met.

To make a proper request, the servicemember must set forth the factual basis for the request — that is, “the manner in which current military duty requirements materially affect the service member’s ability to appear” — and the date the servicemember will next be available.

In addition, the request must include the commanding officer’s statement “that the service member’s current military duty prevents appearance and that military leave is not authorized for the servicemember at the time of the letter.” 

Should you be in the midst of a military divorce or contemplating divorce, contact the Law Offices of Renee Lazar, an attorney experienced in military family law, either through email or telephone 978-844-4095 to schedule a FREE one hour no obligation consultation.

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