Servicemembers Civil Relief Act in Florida Military Divorce

Tampa SCRA Lawyers for Servicemembers, Military Spouses, and Florida Family Law Cases

Tampa military divorce lawyer Richard J. Mockler served in the United States Marine Corps prior to becoming an attorney. He also practiced law at prestigious national law firms litigating federal law primarily in federal courts. Angela Leiner has also spent much of her career litigating financial issues governed by federal law in both state and federal courts. Most divorce attorneys have never stepped foot in a federal courthouse. You should rely on attorneys who understand both Florida family law and controlling federal law.

The Servicemembers Civil Relief Act, commonly called the SCRA, is one of the most important federal laws in military divorce and military family law. It can affect whether a Florida court may enter a default, whether a hearing should be continued, whether a servicemember has received a fair opportunity to participate, whether a lease or financial obligation receives special treatment, and how courts should approach deployment-related custody issues.

The SCRA is not a loophole. It is not a permanent escape from divorce, child support, alimony, parenting issues, or enforcement. It is a fairness statute. Its purpose is to protect servicemembers from being legally harmed because military service prevents them from appearing, responding, preparing, or defending themselves in a civil case.

That distinction matters. In a Florida military divorce, the SCRA may protect an active-duty servicemember from an unfair default judgment or an impossible hearing date. At the same time, the SCRA does not give either party permission to ignore children, support obligations, safety issues, court orders, or the practical needs of the family.

At Mockler Leiner Law, P.A., our Tampa military divorce lawyers represent servicemembers, veterans, retirees, reservists, National Guard members, and military spouses in divorce and family law cases throughout Tampa Bay and across Florida. We understand how the SCRA interacts with Florida family law, military orders, service of process, deployment, child custody, support, retirement, and enforcement.

What Is the Servicemembers Civil Relief Act?

The Servicemembers Civil Relief Act is a federal law found at 50 U.S.C. § 3901 and the sections that follow. The statute was enacted to protect servicemembers during military service by temporarily suspending or adjusting certain civil proceedings and financial obligations when military duties affect the servicemember’s ability to protect his or her rights.

In family law, the SCRA most often appears in cases involving:

• Divorce proceedings.

• Paternity cases.

• Child custody and time-sharing disputes.

• Child support and alimony cases.

• Temporary relief hearings.

• Default judgments.

• Enforcement and contempt proceedings.

• Military deployment and custody issues.

• Relocation disputes.

• Service of process problems.

• Lease and housing issues during separation.

• Debt, mortgage, and credit issues that affect the marital estate.

A Florida divorce court still applies Florida family law to issues such as equitable distribution, alimony, child support, parenting plans, time-sharing, attorney’s fees, and enforcement. But when a party is in military service, the court must also account for federal protections that may affect timing, notice, procedure, and fairness.

That is why a military divorce should not be handled like an ordinary divorce case with one spouse in uniform. The SCRA is only one piece of the larger military divorce picture. A complete strategy may also require analysis of calculating military income, military child custody, deployment and custody issues, jurisdictional issues, military retired pay, and military benefits.

Who Is Protected by the SCRA?

SCRA protections generally apply to servicemembers in military service. The statute defines servicemember broadly to include members of the uniformed services. For members of the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard, military service generally includes active duty. The statute may also protect certain National Guard members called to active service for more than 30 consecutive days under qualifying federal authority. Commissioned officers of the Public Health Service and the National Oceanic and Atmospheric Administration may also be covered.

The SCRA may also protect certain dependents in specific situations. A dependent can include a spouse, child, or another person for whom the servicemember provided more than one-half of support for the required statutory period.

In practical terms, SCRA issues may arise when a party is:

• On active duty.

• Deployed.

• Preparing for deployment.

• Stationed outside Florida.

• Serving overseas.

• Assigned to training or temporary duty.

• Unable to obtain leave for a hearing.

• Unable to communicate reliably because of military duties.

• Recently released from military service and still within a statutory protection period.

A veteran or retiree is not automatically protected by the SCRA simply because he or she once served. The analysis depends on current military-service status, the type of proceeding, the timing of the requested relief, and the specific SCRA section being invoked.

The SCRA Does Not Automatically Stop a Florida Divorce

One of the most common mistakes in military divorce is assuming that the SCRA automatically freezes the entire case. It does not.

A servicemember may be entitled to a stay or other protection when military service materially affects the ability to appear or defend. But courts do not treat the SCRA as an indefinite shield from all litigation. The court may need to balance the servicemember’s rights against the need for temporary support, child stability, safety, housing, discovery, and orderly case management.

A strong SCRA argument is specific. It should explain the military duty, why that duty prevents meaningful participation, what hearing or deadline is affected, whether leave is available, when the servicemember can appear, and what limited relief can proceed without prejudice.

A weak SCRA argument is vague. “I am in the military” is not enough. “I am deployed” may not be enough if the servicemember can still participate remotely, provide documents, communicate with counsel, or address limited issues. The details matter.

SCRA Stays in Florida Divorce and Family Law Cases

The SCRA allows a servicemember to request a stay of a civil action or proceeding when the statutory requirements are met. This can include a Florida divorce or child custody proceeding.

Under 50 U.S.C. § 3932, a covered servicemember who has notice of the case may request a stay before final judgment. If the statutory conditions are met, the court must stay the action for at least 90 days. The request generally must include:

• A communication explaining how current military duty materially affects the servicemember’s ability to appear.

• A date when the servicemember will be available to appear.

• A communication from the servicemember’s commanding officer stating that current military duty prevents appearance and that military leave is not authorized at the time.

The stay request does not count as a general appearance for jurisdictional purposes and does not waive substantive or procedural defenses, including lack of personal jurisdiction. That protection can be important in a military divorce where the servicemember may be stationed in Florida but legally domiciled elsewhere, or where the spouse filed in a forum that may not have personal jurisdiction over all issues.

For a deeper discussion of forum and authority problems, visit our page on jurisdictional issues in military divorce.

Default Judgments Against Servicemembers

The SCRA has special protections when a defendant has not appeared in a civil case. This matters in Florida divorce because a default can have serious consequences. A default can affect property division, support, parenting issues, attorney’s fees, and final judgment language.

Before a court enters judgment against a non-appearing defendant, the plaintiff must file an affidavit stating whether the defendant is in military service or whether the plaintiff is unable to determine military status. If the defendant appears to be in military service, the court may not enter judgment until after appointing an attorney to represent the servicemember.

That does not mean the appointed attorney becomes ordinary divorce counsel with full authority to settle the case. If appointed counsel cannot locate the servicemember, the attorney’s actions do not waive defenses or bind the servicemember.

If a default judgment is entered against a servicemember during military service, or within the statutory post-service period, the servicemember may have grounds to ask the court to reopen the judgment if the statutory requirements are satisfied. This can create major problems for a spouse who rushed to default without properly addressing SCRA requirements.

In a Florida military divorce, a defective default may not be the end of the case. It may be the beginning of expensive post-judgment litigation.

Service of Process and SCRA Problems

The SCRA often overlaps with service of process. A spouse may know the servicemember is stationed at MacDill Air Force Base, deployed overseas, assigned to another state, living in barracks, aboard a vessel, or training away from home. But knowing where someone is assigned is not the same as completing valid service.

Service problems can affect whether the respondent must answer, whether the court has personal jurisdiction, whether temporary relief can proceed, whether a default is valid, and whether the final judgment can survive later attack.

Military divorce cases involving service should be handled carefully from the beginning. Before seeking a default, the filing party should consider military status, service records, DMDC verification, SCRA affidavits, installation access issues, overseas service rules, and whether the requested relief requires personal jurisdiction.

For more detail, visit our page on service of process in military divorce.

How the SCRA Affects Temporary Relief

Temporary relief hearings are common in Florida divorce and family law cases. A party may ask for temporary child support, temporary alimony, temporary time-sharing, temporary exclusive use of the home, temporary attorney’s fees, temporary responsibility for bills, or other immediate relief while the case is pending.

When one party is in military service, the SCRA may affect the timing and scope of temporary relief. But the existence of military service does not automatically prevent the court from addressing urgent family issues.

The key questions may include:

• Is the servicemember’s current duty actually preventing participation?

• Can the servicemember participate by Zoom, telephone, deposition, affidavit, or counsel?

• Is the requested relief temporary and necessary?

• Would delay prejudice the children or the other spouse?

• Can the court enter limited relief without deciding disputed final issues?

• Is the SCRA request properly supported by the required communications?

• Can a short stay, limited hearing, or narrow temporary order protect both sides?

In many cases, the smarter approach is not to fight over whether the entire case stops. The better approach is to identify what truly must be delayed, what can proceed safely, and what evidence is needed to protect the record.

Child Custody, Deployment, and the SCRA

The SCRA expressly applies to child custody proceedings in certain contexts. Military service can create difficult custody questions because the parent may be temporarily unavailable, deployed, preparing for deployment, stationed overseas, or subject to unpredictable military demands.

Under 50 U.S.C. § 3938, if a court enters a temporary custody order based solely on a servicemember’s deployment or anticipated deployment, the order must expire no later than the period justified by the deployment. The statute also provides that when a party seeks a permanent custody modification, the court may not consider the servicemember’s absence due to deployment, or the possibility of deployment, as the sole factor in determining the child’s best interests.

Florida also has its own statutory framework for deployment-related custody issues. Florida’s Uniform Deployed Parents Custody and Visitation Act is found in sections 61.703 through 61.773, Florida Statutes. It addresses temporary custodial responsibility, deployment notices, agreements, powers of attorney, electronic testimony, expedited hearings, and the role of nonparent caretaking authority during deployment.

A deploying parent should not assume that a military family care plan automatically controls a Florida parenting plan. A family care plan may be important for command compliance and practical planning, but a Florida court order controls Florida custody and time-sharing rights.

A non-deploying parent should not assume that deployment automatically justifies a permanent custody change. Deployment may create temporary logistical problems, but it should not be weaponized as the sole basis to permanently reduce a servicemember’s parental rights.

For more information, visit our pages on deployment and custody issues, military child custody, and relocation in military divorce.

SCRA Issues for Military Spouses

The SCRA is often discussed as a servicemember protection, but military spouses need to understand it too. A spouse who ignores the SCRA may obtain an order that is vulnerable to challenge. A spouse who overreacts to the SCRA may unnecessarily delay important support, custody, or safety issues.

A military spouse may need to know:

• Whether the servicemember is actually covered.

• Whether the servicemember has been properly served.

• Whether the servicemember has appeared in the case.

• Whether the requested relief is temporary or final.

• Whether a default can be entered.

• Whether the court must appoint counsel.

• Whether the servicemember’s stay request is properly supported.

• Whether the case can proceed on limited issues.

• Whether support, child-related relief, or safety concerns require immediate attention.

• Whether the servicemember is using the SCRA properly or as a litigation tactic.

The SCRA should be respected. It should not be abused. In the right case, a court can protect a servicemember’s ability to participate while still addressing the real needs of the spouse and children.

Child Support, Alimony, and Military Income

The SCRA does not erase support obligations. It does not give a servicemember permission to stop supporting a spouse or child. In Florida, child support and alimony issues are based on state law, the parties’ incomes, the children’s needs, and the facts of the case.

Military income can be more complicated than civilian income. A Leave and Earnings Statement may show basic pay, BAH, BAS, special pay, incentive pay, deductions, tax treatment, allotments, and other information. Deployment-related compensation may also affect the financial picture.

When SCRA issues arise in a support case, the court may need to distinguish between timing and substance. A hearing may need to be delayed if military service materially prevents participation. But the underlying support issue still has to be addressed. Temporary support, retroactive support, arrears, enforcement, and attorney’s fees may all remain live issues.

Our firm handles military income issues in divorce, support, modification, and enforcement cases. You can read more on our page about calculating military income and our page on military family support.

SCRA and Domestic Violence Injunctions

The SCRA does not give a servicemember immunity from domestic violence proceedings or safety-related court orders. When allegations involve violence, stalking, threats, child safety, firearms, base access, command issues, or emergency parenting concerns, courts may need to act quickly.

At the same time, military service can affect scheduling, notice, evidence, testimony, and the ability to appear. A court may need to balance due process with immediate safety concerns. These cases require careful handling because a domestic violence injunction can affect custody, time-sharing, firearms, command reputation, housing, career consequences, and future divorce strategy.

Our attorneys represent clients in military-related injunction and family law cases. For more information, visit our page on domestic violence in military divorce.

The SCRA 6% Interest Rate Cap

The SCRA may reduce the interest rate on certain pre-service debts to 6% during military service. For mortgage-type obligations, the protection may continue for one year after military service. The rule may apply to debts incurred by the servicemember alone or jointly by the servicemember and spouse before military service.

This can matter in divorce because debt is often part of the marital financial picture. Credit cards, vehicle loans, personal loans, mortgages, and other obligations may affect equitable distribution, support calculations, temporary expenses, and settlement negotiations.

The 6% cap is not automatic in every practical sense. The servicemember generally must provide written notice and required proof of military service within the statutory deadline. The creditor may also have access to independent verification through the Defense Manpower Data Center. Interest above the cap is forgiven, not merely deferred, when the statute applies.

In a military divorce, this issue may affect:

• Who pays a joint credit card.

• Whether interest charges are accurate.

• Whether mortgage payments were calculated correctly.

• Whether a spouse is being blamed for debt growth caused by improper interest.

• Whether a marital settlement agreement should address SCRA-related adjustments.

• Whether a creditor has violated the servicemember’s rights.

This issue is often missed because divorce lawyers may focus on the support worksheet and property division chart while ignoring the federal protections that affect the numbers behind them.

SCRA Lease Termination and Housing Issues

Military separation often creates housing problems. One spouse may move out. The servicemember may receive PCS orders. A deployment may make a lease impractical. A family may be living in rental housing, military housing, or a residence near the duty station.

The SCRA allows qualifying servicemembers to terminate certain residential and motor vehicle leases when statutory conditions are met. This can include situations involving entry into military service, permanent change of station orders, deployment for the required period, separation, retirement, and other covered circumstances depending on the lease and facts.

The servicemember generally must provide written notice and a copy of military orders or other qualifying verification. For residential leases with monthly rent, the termination date is usually tied to the next rental payment date after notice is delivered. The statute also addresses prorated rent, early termination charges, return of prepaid rent, and certain protections for personal property.

Lease termination can become a divorce issue when:

• The parties separate while living in leased housing.

• One spouse remains in the residence.

• The servicemember receives PCS orders.

• A spouse refuses to cooperate with lease termination.

• A landlord continues charging rent after proper notice.

• The parties dispute responsibility for rent, utilities, deposits, or damages.

• A temporary order requires one party to maintain housing expenses.

Housing issues should be addressed clearly in temporary agreements, marital settlement agreements, and final judgments. Otherwise, the parties may resolve the divorce but continue fighting over rent, deposits, credit damage, or lease obligations.

SCRA Eviction Protections

The SCRA also protects servicemembers and their dependents from certain evictions without a court order during military service. The protection applies to premises occupied, or intended to be occupied, primarily as a residence and subject to the rent threshold that is adjusted annually.

For calendar year 2026, the published monthly rent threshold is $10,542.60. Because the threshold changes, the applicable figure should be verified for the year involved.

If a covered eviction proceeding is filed, the court may stay the proceeding or adjust the lease obligation when military service materially affects the servicemember’s ability to pay rent. This can matter in divorce when one spouse is trying to maintain housing, when support has not been resolved, or when military service has changed the family’s ability to pay.

SCRA Waivers

SCRA rights may be waived in certain circumstances, but waiver should never be treated casually. The statute contains specific requirements for waiver, and a waiver may need to be in writing, in a separate document, and executed during or after the relevant period of military service.

This can become important in marital settlement agreements, lease issues, financial settlements, and default-related proceedings. A generic settlement clause may not be enough. If SCRA rights are being waived, the language should be deliberate, compliant, and understood by the client.

A servicemember should not sign a broad waiver without understanding what rights are being surrendered. A military spouse should not assume that a vague waiver will save a defective default, unsupported hearing, or rushed final judgment.

Common SCRA Mistakes in Florida Military Divorce

SCRA mistakes can damage either side of the case. Some mistakes create delay. Others create reversible error, post-judgment litigation, or unenforceable orders.

Common mistakes include:

• Assuming the SCRA automatically stops the entire divorce.

• Assuming the SCRA never applies to family law.

• Seeking default without a proper military-status affidavit.

• Failing to appoint counsel when required.

• Filing a vague stay request without the required command communication.

• Using deployment as the sole basis for permanent custody modification.

• Ignoring Florida’s Uniform Deployed Parents Custody and Visitation Act.

• Treating a military family care plan as if it overrides a Florida parenting plan.

• Failing to address remote testimony, electronic communication, and limited hearings.

• Ignoring military income while arguing support.

• Forgetting that SCRA issues may affect marital debt, leases, housing, and interest.

• Drafting a settlement agreement without addressing SCRA-related timing and waiver issues.

The SCRA should be handled as part of a larger case strategy, not as a last-minute excuse or afterthought.

Strategy for Servicemembers

If you are a servicemember facing a Florida divorce or family law case, do not ignore the paperwork. The SCRA may protect you, but it usually works best when raised properly and early.

A servicemember should consider:

• Whether Florida has jurisdiction.

• Whether service of process was valid.

• Whether a response or limited appearance should be filed.

• Whether SCRA protections should be invoked.

• Whether a stay is needed for the entire case or only specific hearings.

• Whether the required command letter can be obtained.

• Whether remote participation is possible.

• Whether temporary support or parenting issues can be resolved without prejudice.

• Whether deployment requires a temporary parenting plan or caretaking arrangement.

• Whether military income, BAH, BAS, special pay, or deployment pay is being calculated correctly.

• Whether the case involves military retired pay, disability pay, SBP, TSP, TRICARE, or other benefits.

The goal is not delay for delay’s sake. The goal is to avoid being forced into a life-changing order when military duty prevents meaningful participation.

For more information about the financial side of military divorce, visit our pages on division of military retired pay, Survivor Benefit Plan issues, military disability pay, and the Uniformed Services Former Spouses’ Protection Act.

Strategy for Military Spouses

If you are the spouse of a servicemember, the SCRA can affect your case even if you are not the protected party. You may need support, parenting orders, access to documents, payment of bills, or protection from misconduct. But if you ignore SCRA requirements, you may create a judgment that can be attacked later.

A military spouse should consider:

• Has the servicemember been properly served?

• Has the servicemember appeared?

• Is the servicemember actually in military service?

• Is the requested relief temporary, final, emergency, or enforcement-related?

• Can limited relief proceed without violating the SCRA?

• Can the court address child support, alimony, or safety while preserving the servicemember’s rights?

• Is the servicemember’s stay request properly supported?

• Is the servicemember using the SCRA to protect due process or to avoid responsibility?

• Should the court require a clear availability date?

• Should the court require documents, LES records, orders, or other information?

A military spouse should not be bullied by an overbroad SCRA claim. But a military spouse should also avoid rushing into a defective default or unsupported order. The best approach is usually a precise one: respect legitimate military-service limitations while asking the court for relief that is fair, lawful, and necessary.

How SCRA Issues Affect Settlement and Mediation

Military divorce mediation can be effective, but only if the parties understand the legal issues before settlement. The SCRA can affect timing, leverage, defaults, discovery, debt, housing, and custody. It may also affect whether a proposed agreement is enforceable.

A settlement should address:

• Whether any SCRA stay is being withdrawn or preserved.

• Whether any hearing deadlines need to be continued.

• Whether the servicemember is knowingly appearing and participating.

• Whether military orders affect parenting, relocation, or housing.

• Whether deployment requires a temporary parenting arrangement.

• Whether support is based on complete military income.

• Whether lease, debt, or interest-rate protections affect the marital estate.

• Whether the agreement contains any SCRA waiver, and whether that waiver is valid.

• Whether future orders, PCS moves, or deployment will require a specific process.

Settlement is valuable when it solves the problem clearly. Settlement is dangerous when it papers over military-specific issues with generic language.

For more information, visit our page on military divorce mediation.

Frequently Asked Questions About the SCRA in Florida Military Divorce

Does the SCRA stop a Florida divorce?

Not automatically. The SCRA may allow a stay or other protection when military service materially affects a servicemember’s ability to appear, respond, or defend. But it does not permanently stop a Florida divorce or prevent the court from addressing every issue.

Can a servicemember get a 90-day stay?

Yes, if the statutory requirements are met. A proper stay request generally needs a communication explaining how military duty materially affects the ability to appear, a date when the servicemember can appear, and a communication from the commanding officer stating that duty prevents appearance and leave is not authorized.

Does asking for an SCRA stay waive personal jurisdiction defenses?

No. Under the SCRA, an application for a stay does not constitute an appearance for jurisdictional purposes and does not waive substantive or procedural defenses, including lack of personal jurisdiction.

Can my spouse get a default judgment while I am on active duty?

A default against a servicemember requires special SCRA procedures. Before judgment is entered, the plaintiff must file a military-status affidavit. If the defendant appears to be in military service, the court may need to appoint an attorney before entering judgment. A defective default may be vulnerable to later challenge.

Does the SCRA apply to child custody cases?

Yes, SCRA stay protections can apply to child custody proceedings. The SCRA also includes specific child custody protections involving deployment. Florida also has its own Uniform Deployed Parents Custody and Visitation Act.

Can deployment be used against a military parent?

Deployment can affect temporary logistics, but it should not be used as the sole basis for a permanent custody modification. Temporary deployment-related custody orders should be limited to the period justified by deployment.

Does a military family care plan control Florida custody?

Not by itself. A family care plan may be important for military purposes, but a Florida parenting plan or court order controls Florida time-sharing and parental responsibility. A court may consider the practical arrangements, but the family care plan does not automatically override the other parent’s rights.

Does the SCRA prevent child support or alimony?

No. The SCRA does not eliminate support obligations. It may affect timing or procedure if military service prevents participation, but child support, alimony, and temporary support issues still need to be addressed under Florida law.

Can a servicemember terminate a lease because of military orders?

In many cases, yes. The SCRA allows qualifying servicemembers to terminate certain residential and motor vehicle leases when statutory conditions are met, including certain PCS orders and deployment-related circumstances. The notice and timing requirements should be followed carefully.

Does the SCRA reduce credit card or mortgage interest?

The SCRA may cap interest at 6% on certain pre-service obligations. The rule may apply to debts incurred by the servicemember alone or jointly with a spouse before military service. Written notice and proof of military service are usually required within the statutory deadline.

Does the SCRA apply to National Guard members?

Sometimes. National Guard coverage depends on the type of orders, the authority for activation, the length of service, and whether the service qualifies under the statute. This should be reviewed carefully before assuming coverage exists.

Can a Florida court hold a hearing by Zoom instead of staying the case?

Sometimes. Remote appearance may solve the problem in some cases, but not all. The question is whether military duty materially affects the servicemember’s ability to meaningfully participate. If remote testimony is realistic, a court may consider it. If military duties prevent preparation, communication, testimony, or participation, a stay may still be appropriate.

Why Experience Matters in SCRA and Military Divorce Cases

Military divorce cases are different because they require both Florida family law knowledge and military-specific legal analysis. The SCRA is one of the federal laws that can change the direction of the case, but it rarely appears alone. A case involving SCRA issues may also involve service of process, jurisdiction, deployment, military income, child support, alimony, military retired pay, VA disability, TRICARE, SBP, TSP, relocation, enforcement, and contempt.

Richard J. Mockler served in the United States Marine Corps and has handled extensive military divorce and family law litigation. You can read more about Richard on his Tampa military divorce attorney profile.

Angela L. Leiner brings substantial trial and appellate experience to complex family law cases, including military divorce, custody, relocation, income, pension division, and high-conflict litigation. You can read more about Angela on her attorney profile.

At Mockler Leiner Law, P.A., we do not treat SCRA issues as a formality. We analyze the statute, the military orders, the Florida family law issues, the procedural posture, and the practical needs of the family. Whether you are a servicemember seeking protection or a spouse trying to keep the case moving lawfully, the strategy must be precise.

Call a Tampa Servicemembers Civil Relief Act Lawyer

If your Florida divorce or family law case involves active-duty service, deployment, military orders, service of process, default, child custody, support, or SCRA protections, you should speak with attorneys who understand military divorce.

Mockler Leiner Law, P.A. represents servicemembers, military spouses, veterans, retirees, reservists, National Guard members, and military families in divorce and family law cases throughout Tampa Bay and across Florida.

Call us today at (813) 331-5699 or contact us online to speak with an experienced Tampa military divorce attorney.