In a divorce case can a judge deny a default because the other party is in the US Army reserves but not active duty or deployed?

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In a divorce case can a judge deny a default because the other party is in the US Army reserves but not active duty or deployed?

Asked on July 18, 2012 under Family Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the Soldiers and Sailors Relief Act (federal law) if one party in a marital dissolution action is deployed in our armed forces any legal action against him or her is automatically stayed (halted) until the deployed person returns to the United States.

If the military spouse is on active duty but not deployed, the dissolution action is not stayed (halted) under the law.


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