How the Servicemembers Civil Relief Act (SCRA) Impacts Alaska Divorce Cases
Divorce is already stressful, but when one spouse is an active-duty service member, the process can become even more complicated. Alaska has a large military population, and many families stationed at places like JBER, Fort Wainwright, Eielson Air Force Base, and Coast Guard bases face tough challenges when a marriage ends. This is where the Servicemembers Civil Relief Act (SCRA) becomes very important. The SCRA is a federal law designed to protect active-duty service members from legal problems that can happen when they are deployed, training, or unable to attend court. Understanding how the SCRA works can make a big difference when navigating a military divorce in Alaska, and getting guidance from Chicklo Law Group can help you stay on track.
What Is the SCRA?
The SCRA is a law that gives certain rights and protections to active-duty military members. Its main purpose is to prevent service members from being harmed in legal cases simply because they cannot be present. Military life often includes deployments, irregular schedules, long hours, and training that takes people far from home. Because of this, the law gives extra time and flexibility for service members involved in civil cases, including divorce.
For families in Alaska, where bases are spread across large and sometimes remote areas, these protections can play a major role. Harsh weather, limited transportation, and long distances can make it even harder to attend court or respond quickly to legal requests. The SCRA helps make sure the divorce process is fair despite these challenges.
How the SCRA Delays Court Proceedings
One of the biggest ways the SCRA affects Alaska divorce cases is through court delays. If a service member is deployed, stationed overseas, or unable to participate in the case because of active duty, the SCRA allows them to request extra time. This is called a “stay” of proceedings.
Here’s how it works:
The service member must show that military duty prevents them from taking part in the case.
They can request a delay from the judge.
If approved, the court must postpone hearings or deadlines.
This delay is usually for at least 90 days, but more time can be granted if needed. This rule protects service members from losing their rights in court just because they cannot be physically present. In Alaska, where many service members are deployed from nearby bases, these delays are quite common.
Protection From Default Judgments
A default judgment happens when one spouse does not respond to a divorce filing, and the court makes decisions without their input. In a military divorce, this could create serious problems. For example, a service member may be unable to receive or respond to paperwork because they are deployed.
The SCRA protects service members by preventing default judgments while they are on active duty. Before a court in Alaska can enter a default judgment, it must confirm whether the missing spouse is a service member. If they are, the court must follow strict rules to ensure the service member is aware of the case and has a fair chance to respond.
Impact on Child Custody and Visitation
Child custody can be one of the hardest parts of a military divorce in Alaska. When one parent is deployed or frequently moving, long-term planning becomes more difficult. While the SCRA does not directly decide custody, it does protect service members from losing parenting rights simply because of deployment.
This means:
A service member’s deployment cannot be used against them as a sign of being an unfit parent.
Courts may delay hearings so the military parent can take part.
Temporary changes may be made during deployment, but permanent decisions usually wait until the service member returns.
For families in Alaska, where one parent may be deployed to another country or training far away, these protections prevent unfair custody outcomes.
Serving Divorce Papers on a Service Member
Serving divorce papers can be harder when the spouse is stationed on a base or overseas. The SCRA does not change how papers must be served, but it affects what happens afterward. If the service member cannot respond in time due to active duty, the SCRA protections apply. This can prevent rushed decisions and gives both sides a chance to participate fully.
Why SCRA Protections Matter in Alaska
Alaska’s military families face challenges that are different from those in other states. Long deployments, harsh weather, and remote locations often make communication and travel harder. A spouse may live far from the courthouse, or they may be deployed when divorce begins. The SCRA helps level the playing field, ensuring the process is fair.
Working With a Lawyer Who Understands Military Divorce
Military divorce is not the same as civilian divorce, especially in Alaska. The SCRA adds another layer of rules that must be followed carefully. Mistakes can lead to delays, unfair results, or court orders being overturned. This is why many families choose to work with attorneys who understand both Alaska law and military protections. Chicklo Law Group can help guide you through each step and make sure your rights are protected throughout the process.
A military divorce is never easy, but understanding how the SCRA works can help you make better choices and avoid unnecessary problems. Whether you are the service member or the civilian spouse, knowing your rights is the first step toward a smoother process.