Michigan Affidavit of Non-Military Service

The Affidavit of Non-Military Service in divorce is a legal document prepared by the plaintiff as proof that their spouse is not presently on active duty. This affidavit is usually submitted to the court to comply with the regulations listed in the Servicemembers Civil Relief Act (SCRA).

The SCRA grants legal protections to individuals serving in the military. For instance, if a defendant is currently fulfilling a military task, a petitioner can’t ask the court to finalize a default divorce. Failing to abide by the SCRA by obtaining a default judgment against an active-duty military member may lead to restitution, fines, or imprisonment. However, when the Affidavit of Non-Military Service is filed, the court can advance with the divorce proceedings without pausing due to the defendant’s active military status.