The Michigan Supreme Court respects the Service Members Civil Relief Act (SCRA), which requires courts to provide procedural protections that prevent default judgment and ex parte orders against service members. This means that, in the event of a dispute or legal filing involving such a service member, the courts must take steps to ensure that all parties involved are fully aware of the proceedings.
In cases of divorce, for example, this can involve asking plaintiffs or petitioners to provide documents that certify that their spouse is not currently serving in any military capacity. As evidence of this non-military status, an affidavit of non-military service can be filed with the court on a certain date in order to comply with SCRA regulations. These law provisions are served to protect those who are defending themselves in court, ensuring that their rights remain secure and their records are kept up-to-date and correct.
When Should I File the Non Military Affidavit?
If your partner files a document in response to your petition or complaint, it is evidence that he is in full participation in the divorce. Therefore, your party do not need to provide an affidavit of non-military service to the court. Alternatively, special procedures must be taken if he does not answer or file a document with the court.
Courts require you to submit a form including an affidavit of non-military service along with any requests for default judgments or decrees that your spouse has neglected to respond to. To ensure successful proceedings, pick up the forms from your county courthouse and fill out all relevant statements and information before submitting them along with the associated fees. This will help address any concerns the courts may have about your partner’s silence and participation in the process.
Michigan E Filing
Michigan electronic forms are a convenient and efficient way to pay fees, progress a case through the court system, and access forms online. With this, users can review their paperwork before submitting them for filing. Forms such as a certificate of notice or affidavit of nonmilitary service are ready to download upon accessing the court’s website. It helps save time in accessing these documents, completing the file, and submitting them electronically with ease. Not only does this speed up processes by reducing paperwork issues, but it also provides an added layer of security to ensure that all necessary information is provided in a timely manner.
How to file non military affidavit?
Filing an Affidavit is a prepared entry that needs to be filled out and signed. Once the form is completed, you will need to print and notarize it. It is important to note that these affidavits differ in form depending on the state courts; however, Michigan requires the standard forms of SCRA that generally include an acknowledgment, verifying your spouse is not on active military duty. Documentation of this will need to be affixed to the affidavit before presenting it as proof. SCRACVS can help you prepare and submit this form for processing! We can collect information like SSN to make sure that your affidavit is properly submitted. Contact us and let us know how we can help.