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Divorce Find Weblog - our divorce blog began on January 3rd, 2006 and is updated daily with new posts from our team of editors and other contributing divorce professionals. Each post will address unique divorce issues in several categories like child custody, visitation, support, property division, and alimony.

Suing an Active Military Spouse for Support

The Soldiers' and Sailors' Civil Relief Act protects an active duty member of the armed forces from civil suit. They are not immune from suit. The time periods, or “statutes of limitations,” affecting the civil actions are either suspended or extended, so that your s spouse can devote his or her energies to defense of the country without worrying about civil actions, including divorce.

The Soldiers' and Sailors' Civil Relief Act doesn't provide a blanket immunity. A trial court can stay (or hold off) the litigation if your spouse's military service would have a material effect on his ability to defend the litigation – in this case, the spousal support action. The court can also deny any stay requested by your husband under the same reasoning – if your husband's military service would have no material effect on his ability to defend the litigation. Many cases have held that the courts will not tolerate using a stay granted under the Soldiers' and Sailors' Civil Relief Act to postpone civil litigation unreasonably or defeat it entirely.

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