The court has an obligation to ensure that military personnel are properly represented if they choose to participate in family law proceedings. Therefore, Pursuant to the Service members Civil Relief Act, a default judgment cannot be entered against a respondent in active military service unless counsel is appointed to protect his or her interests or if the respondent waives his or her rights under the Act.
When the respondent is on active military duty, the simplest way to proceed is to have respondent file an FL-130 Appearance Stipulations, and Waivers (checking item 1c) to which you’d attach an FL-130A which is a waiver of your rights under the sevicemembers civil relief act.
Otherwise, unless counsel is appointed to represent the respondent on active military service, the default judgment is subject to set-aside.
Speak to a lawyer if you are seeking a divorce from an active duty servicemember.
When the respondent is on active military duty, the simplest way to proceed is to have respondent file an FL-130 Appearance Stipulations, and Waivers (checking item 1c) to which you’d attach an FL-130A which is a waiver of your rights under the sevicemembers civil relief act.
Otherwise, unless counsel is appointed to represent the respondent on active military service, the default judgment is subject to set-aside.
Speak to a lawyer if you are seeking a divorce from an active duty servicemember.
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