Can an active duty soldier default on his divorce and child custody case? 2 Answers as of July 15, 2011Can a default be done on an active duty soldier? The soldier is not deployed and was served. This is for divorce and child custody. He did not respond to the case within the allowed time. But he did get served and has a lawyer or an attorney.
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To Whom It May concern: You should look up the Service Member's Civil Relief Act, which provides that proceedings may not be heldagainst an active duty service member.You probably stand a good chance of getting the default set aside.You did not mention why you did not respond, particularly since you are represented by an Attorney, thoughthere could certainly be several reasons for your failure to do so. I do not know if contacting your local JAG Office would be helpful.
Answer Applies to: California