How to Serve Military Personnel With Divorce Papers
Divorce proceedings can often be long and stressful experiences, especially if one spouse is in the military. Serving a military personnel member with divorce papers can be difficult, especially if the spouse is on deployment. Being a member of the armed forces does not automatically protect the individual from divorce proceedings, it just makes things a little bit more complicated. However, with the proper counsel and a great deal of patience it is possible to serve military personnel with divorce papers.
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Instructions
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Decide which state you would like to file for divorce in. The choice you make should be convenient for you since the state you choose will have jurisdiction over the proceedings. There are three options available for you.
1. The military spouse's state of residence.
2. The state where the non-military spouse claims residence.
3. The state where the military spouse is stationed. -
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Find an attorney registered to practice law in the state you wish to file for divorce. The attorney must be willing and able to handle a divorce that involves a spouse who is in the military. Divorces involving military personnel are often more involved and complicated than civilian divorces, especially if a military pension will need to be divided. Many attorneys will decline to represent individuals with spouses who are in the military and it is important that you do not attempt to represent yourself.
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Have your divorce attorney file a petition for divorce. If the military spouse is in another state your attorney can contact their state's government and have the local sheriff serve the petition for divorce and summons to court. If the military spouse is living on a military base, your attorney may need to contact their command to have the divorce papers served by military personnel.
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Obtain assistance from your local court. In situations where the military personnel member does not consent to be served, or if the military spouse is stationed overseas, the court may be able to help you and your attorney. The court can appoint an officer to serve the military member with divorce papers. If the military member is on a ship or serving at a shore installation, the court will not be able to serve him with divorce papers until he returns to the states or an accessible military base.
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