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Assess the Status
Determining whether the member's duty status and circumstances actually trigger the protection.
Monday - Friday8:30AM - 5PM
OfficesFairfax | Manassas
Military Divorce / SCRA Protections
SCRA Protections · Virginia
A case should not move forward while you cannot.
The Servicemembers Civil Relief Act lets a deployed or otherwise unavailable service member pause a divorce for at least ninety days, so the case does not advance without them. We invoke that protection when you need it, and respond to it correctly when we represent the civilian spouse.
First call is a conversation, not a commitment.
The Short Answer
The Servicemembers Civil Relief Act lets an active duty member ask a court to pause civil proceedings, including a divorce, for at least 90 days when military duties materially affect their ability to participate. It protects a deployed member from a case moving forward without them, and it can be extended in appropriate circumstances.
How It Works
A pause, not a loophole.
The Servicemembers Civil Relief Act exists to solve an unfairness that would otherwise be obvious: a service member should not lose a divorce, or have major decisions made about their children and property, simply because military duty kept them from showing up. The SCRA provides a stay, a court-ordered pause, so the case waits for the member rather than running over them. Used correctly, it is a shield. It is not meant to be a delay tactic, and courts treat it accordingly.
What a stay does
When an active duty service member's duties materially affect their ability to participate in a case, the SCRA allows them to request a stay of the proceedings for at least 90 days. While that stay is in place, the contested parts of the case pause. The member is not forced to defend a divorce, argue custody, or divide property from a deployment zone or a duty station that makes meaningful participation impossible. The case simply holds until they can take part.
How long it lasts
The initial stay runs for at least 90 days. If military duty continues to prevent the member from participating, they can request additional time, and the court may grant a further stay. The protection is calibrated to last as long as service genuinely keeps the member away from the case, not to postpone things indefinitely for tactical reasons. A member who could participate but simply prefers not to is in a very different position from one who is deployed and unreachable.
What happens to the other spouse
While a valid stay is in place, the civilian spouse generally cannot push the contested issues forward. That can be frustrating for someone who wants to move on, which is exactly why the protection has to be handled correctly on both sides. We represent service members invoking the stay to protect their rights, and we represent civilian spouses too, making sure a stay is genuinely warranted, that it is used for its real purpose, and that the case resumes promptly when the service member is again able to take part.
Who is covered
The SCRA covers active duty service members and can extend to reservists and National Guard members called to qualifying active service. The central question is always whether military duty materially affects the member's ability to participate. Whether the protection applies in a given case depends on the member's status and the specific facts, which is something we assess carefully rather than assume.
What it isA court-ordered pause of civil proceedings for a covered service member.
Initial lengthAt least 90 days, with the possibility of further stays.
The triggerMilitary duty materially affecting the ability to participate.
Who is coveredActive duty members, and reservists or Guard on qualifying active service.
Both sidesWe invoke stays for members and respond properly for civilian spouses.
A Shield, Not A Stall
The SCRA stay protects a service member who genuinely cannot participate. It is not designed to delay a case for advantage, and courts know the difference. Handled honestly, it keeps the process fair on both sides.
Note: SCRA stay requirements and durations are federal and fact-specific; confirm how they apply to your situation.
Alisa Chunephisal, Esq.Founding Partner
Attorney Insight
A few honest things about the SCRA stay.
"The stay is there so nobody loses a divorce from a deployment zone. It is a shield, and it works best when it is used honestly."
I work both sides of this. When I represent a deployed service member, my job is to make sure the case does not move an inch without them, because it is fundamentally unfair to litigate someone's marriage and children while they are unreachable. When I represent the civilian spouse, my job is different: I make sure the stay is genuine and that the case actually resumes when the member is back and able to participate, rather than dragging on. The SCRA is a good law used well and a frustrating one used as a stall. I am candid with clients about which situation they are in, because the court can usually tell the difference too.
Questions Families Ask
Plain answers about SCRA stays.
These are the questions service members and spouses ask most about the Servicemembers Civil Relief Act. If yours is not here, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
What is a stay under the Servicemembers Civil Relief Act?
The Servicemembers Civil Relief Act lets an active duty service member ask a court to pause civil proceedings, including a divorce, for at least 90 days when military duties materially affect their ability to participate. The stay protects a deployed or otherwise unavailable member from having a case move forward without them, and it can be extended in appropriate circumstances.
How long does an SCRA stay last?
The initial stay is for at least 90 days. A service member can request additional time, and the court may grant a further stay if military duty continues to prevent meaningful participation. The protection is meant to last as long as service genuinely keeps the member from taking part, not to delay a case indefinitely.
Can the other spouse still proceed during a stay?
Generally no, not on the contested issues. While a valid stay is in place, the proceeding pauses so the deployed member is not disadvantaged by being unable to participate. We also represent civilian spouses, making sure a stay is used for its real purpose and responding properly when a case should move forward.
Does the SCRA apply only to active duty members?
It covers active duty service members and can extend to reservists and National Guard members called to qualifying active service. The core requirement is that military duty materially affects the member's ability to take part in the case. Whether the protection applies depends on the member's status and the facts.
When You Are Ready
Make sure the timing is fair to you.
Whether you need to pause a case while you serve or respond to a stay as the spouse, tell us where things stand and we will handle it correctly. Three offices across Northern Virginia, one phone number.