Rule 1920.46 – Affidavit of Non-Military Service
The Affidavit of Non-Military Service Pursuant to Pa.RCP 1920.46 is used in Pennsylvania divorce proceedings to comply with the Servicemembers Civil Relief Act (SCRA) by providing sworn testimony that the defendant spouse is not in active military service.
The form must contain facts stating whether or not the defendant is in active duty service, and provide facts in support of that statement, and it presents a verification that protects the rights of military personnel who might otherwise be unable to participate in legal proceedings due to their service obligations. The affidavit ensures compliance with federal law that requires courts to determine military status before entering default judgments or proceeding with cases against potentially absent defendants.
Download Affidavit of Non-Military Service in PDF Format
Affidavit of Non-Military Service
Before the court can enter a default judgment, the party suing must file an affidavit with the court stating whether or not the defendant is in active duty service, and this requirement must be satisfied regardless of whether the defendant has appeared in the case.
Once the properly executed affidavit is filed with the court, the divorce proceedings can continue toward final judgment, as the court will have satisfied the federal requirement to protect the legal rights of servicemembers under the SCRA.
To complete your Affidavit of Non-Military Service form online, simply follow these steps:
- Fill out a short “Eligibility Check” to confirm that your relocation request meets state requirements.
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