MILITARY FAMILY LAW 101: There are laws that protect an active duty soldier from being held in “default” for failing to respond to a divorce action. Under the Servicemembers Civil Relief Act (SCRA), divorce proceedings may be postponed for the entire time an active duty servicemember is on duty and for up to 90 days thereafter. An active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Texas court to have jurisdiction. In the case a divorce is uncontested, the active duty spouse may not have to be served if he or she signs and files a waiver affidavit acknowledging the divorce proceedings.