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Servicemembers Civil Relief Act Appointments

Servicemembers Civil Relief Act appointments come from the Circuit Court for Anne Arundel County case by case. Todd K. Mohink accepts those appointments in divorce and custody cases filed against active duty service members. The Act protects service members on active duty, including National Guard members called to federal active service for more than 30 consecutive days. Retired service members do not qualify, though a few protections continue for a limited period after release from active duty.

An affidavit of military status starts the process. The plaintiff files that affidavit before the court enters judgment against a defendant who never appeared. The court cannot enter judgment against a defendant who appears to be in military service until the court appoints an attorney to represent that service member. Appointed counsel then works to locate the service member and determine whether a defense exists.

A stay of at least 90 days can follow the appointment. The court must grant that stay on counsel’s application or on its own motion if a defense cannot be presented without the service member present, or if counsel cannot reach the service member after due diligence. Md. Code, Family Law § 9-108 adds Maryland rules for custody cases, including an expedited hearing for a parent who petitions within 30 days after a deployment ends.

These appointments give the Anne Arundel County military divorce lawyer at Law Offices of Todd K. Mohink, PA repeated contact with these protections. From appointed counsel’s perspective, the work means reading military orders against a court scheduling order, reaching a client through a command, and judging whether a stay serves the case better than an early hearing.