• October 2019
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Affidavit of Non Military Service






When to use Affidavit of Non Military Service

It is not reasonable to assume that military servicemembers will be able to respond to legal summons when they are serving overseas or in another capacity that prevents them from being able to fly home in order to appear in court. As a result, the Servicemembers Civil Relief Act serves to protect active military personnel from having legal judgments placed against them when they cannot appear in court to handle the charges in question.

This protection can get tricky for courts to navigate, as there is not always an easy and accessible way for all invested parties to know whether or not someone affected by legal proceedings is actively serving overseas. Therefore, courts will sometimes request an affidavit of non military service from spouses (or other individuals with knowledge of the situation) that a non-responsive party is not currently serving in an active overseas post.

Overview

Although this form may be used in a number of circumstances, it is most commonly used to benefit individuals whose spouses or former romantic partners are not responding to summons in divorce, child custody and/or child support cases. You may be able to use this form to swear that your spouse is not currently serving overseas in the military. You must be honest and accurate when making this claim under oath, otherwise you could suffer significant legal consequences. Once the court has been notified that it will not be acting in violation of the Servicemembers Civil Relief Act in proceeding with the case at hand, your divorce (or other legal challenge) may be able to proceed, despite the failure of your spouse to respond to the legal filing in question.

Alternative Names

Declaration of Non Military Status
Non Military Affidavit