Divorce papers can arrive during an exercise, an overseas assignment, or a deployment. The immediate problem may be practical: the service member cannot attend a hearing, obtain records, or meaningfully work with counsel while performing current duties.
The Servicemembers Civil Relief Act can provide procedural protection. It is not safe to assume that a case has stopped merely because one party is in the military.
Identify which protection fits the situation
50 U.S.C. § 3932 addresses a stay when a qualifying service member has notice of a civil proceeding, including a child-custody proceeding. If the statutory conditions are met, an application can require an initial stay of at least ninety days. Separate provisions address default judgments when the defendant has not appeared.
Actual notice, service of process, the response deadline, and whether an appearance has already occurred should be reviewed together. A stay request is a procedural step, not a decision about custody, property, or support.
Explain how duty materially affects participation
The application under § 3932 requires a communication explaining how current military duties materially affect the ability to appear and stating when the member will be available. It also requires a communication from the commanding officer addressing the duty-related inability to appear and the lack of authorized leave at that time.
A copy of orders may help establish context, but it does not necessarily supply everything the statute requires. “I am active duty” leaves out the practical facts a court needs to assess the request.
Assemble a focused packet
- All papers received, including the summons and hearing notice.
- The date and method of receipt and any stated response deadline.
- Relevant unclassified orders or duty documentation.
- A realistic explanation of availability and communication limits.
- The required command communication.
- Existing custody, support, or protective orders.
Do not place classified schedules, operational details, or other protected information in a public filing. Counsel can consider how to establish the necessary facts through an appropriate method.
Plan for the period after the initial stay
A temporary pause creates time to prepare; it does not complete that preparation. Identify which records can be gathered, what arrangements can be made for attorney communications, and whether a later appearance will be feasible. If the duty-related problem continues, a further stay requires additional attention and supporting information.
Remote participation may be an option in some circumstances, but its availability should be assessed against the actual duty restrictions and court procedures. A theoretical internet connection does not necessarily mean a service member can participate effectively in a contested hearing.
Keep existing obligations in view
A stay of litigation does not, by itself, erase existing support obligations or automatically change custody arrangements. Review the orders already in effect and obtain advice before changing payments or parenting practices. Emergencies and safety issues may require separate court attention.
Military legal assistance can be a useful resource, while representation in a Maryland court may require private counsel. The firm’s divorce and military-family practice can evaluate the papers, deadlines, and available procedural options. Request a consultation promptly and identify any upcoming hearing date in the initial inquiry.
General legal information, not advice for a particular matter. Reviewed September 16, 2026. Featured image: AI-generated editorial illustration.