An Affidavit of Military Status is a legal document that defines whether either spouse is an active military member. A person filing it has to specify their branch of service, active duty status, deployment status, and any other military obligations that can impact a pending divorce. Since all active military members are protected by the Servicemembers Civil Relief Act (SCRA), the main purpose of an Affidavit of Military Status is to ensure compliance with SCRA regulations. For instance, no default divorce can be granted if a military person fails to respond to an Original Petition of Divorce due to military service.
Download Affidavit of Military Status Form in PDF Format
Mandatory Verification for Default Judgments
In 2026, anyone hoping to score a default divorce judgment in Texas better not skip the Affidavit of Military Status (a.k.a. the “SCRA Affidavit”). Before a judge can sign a Final Decree against a spouse who hasn’t responded, this affidavit must confirm whether that spouse is in the military. Why? Because federal law — the Servicemembers Civil Relief Act (SCRA) – exists to prevent divorcing someone while they’re deployed. If the affidavit shows the spouse is on active duty, the court can’t just rubber-stamp your default; it must appoint an attorney to protect the service member first.
By 2026, Texas courts expect petitioners to get their military status straight from the Defense Manpower Data Center (DMDC) website. Filing the affidavit now usually means attaching a printed “Status Report” or “Certificate of Service” from the official SCRA portal.
The 90-Day Stay and “Active Duty” Protections
In 2026, the affidavit is the legal spark for SCRA protections, including the mandatory 90-day pause for active-duty service members who can’t participate in the divorce. This isn’t forever — just a procedural timeout — but ignore it and any Final Decree risks being overturned later. Basically, this affidavit is one of the few things standing between you and a courtroom snafu, because apparently, the military still gets some special treatment.
Please note that the divorce documents provided in this article can only be used as samples. They may not be up-to-date or relevant to your divorce situation. There is no need to stress over complicated divorce paperwork. Let us handle it and order your divorce forms right now.
Create your free account to see if you’re eligible to file for online divorce in Texas. Complete all paperwork from the comfort of your home, with no hidden fees.