Chapter 36 - § 36.5 • SERVICEMEMBERS CIVIL RELIEF ACT

• Jurisdiction: Colorado

§ 36.5 • SERVICEMEMBERS CIVIL RELIEF ACT

During the military life of the military member and his or her family, the parties should be aware of the protection of the federal Servicemembers Civil Relief Act (SCRA), 50 U.S.C. App. §§ 501, et seq., not only to protect the service member, but also to protect the interest of the marital estate.

The purpose of the SCRA "is to suspend enforcement of civil liabilities of persons in the military service of the United States in order to enable such persons to devote their entire energy to the defense needs of the Nation." In re Marriage of Herridge, 279 P.3d 956 (Wash. App. 2012) (citing Engstrom v. First Nat'l Bank of Eagle Lake, 47 F.3d 1459, 1462 (5th Cir. 1995)). The provisions of the Act are to be "liberally construed." Nevertheless, the Act is not to be used as a sword against persons with legitimate claims, and a court must give equitable consideration to the rights of parties to the end that their respective interests may be properly conserved.

§ 36.5.1—Judicial Process Feature of the Federal Act

Under 50 U.S.C. App. § 522, the court has the power to stay proceedings in a divorce case if the divorce case is brought while the military member is on active duty, or if the military member was in service within the last 90 days. The court is required to stay proceedings unless the court finds that the ability of the service member to comply with the court's order or decree is not affected by military status. However, the military member must show that the military member's military service would interfere with a proper defense in court (for example, military members who are on extended deployment or stationed overseas).

The court has the inherent power...