Saturday, January 15, 2011

Affidavit of Non-Military Service

Before entering a default judgment, courts require that plaintiffs certify or otherwise prove that the defendant is not an active duty member of the military (pursuant to the Service Members Civil Relief Act (SCRA) - this law prevents members of the armed forces from being sued and involved in litigation while they are on active duty and unavailable to defend themselves.)  

Both Pennsylvania and New Jersey require an Affidavit of Non-Military Service when processing a default divorce.  You can look up an individual's status and print out a statement of service from the Department of Defense website.

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