Service of process for divorcing military couples

On behalf of Stange Law Firm, PC posted in Military Divorce on Thursday, December 3, 2015.

There are many reasons that military divorce is more complicated than divorce for couples with no military ties, but one of the largest reasons is how the location of the service of process can be altered for military couples. In most divorces, the service of process is quite simply governed by the laws of the state in which the couple reside. This is not necessarily the case for military couples.

For military divorces, the service of process is carried out based on the laws of the state in which the couple file for divorce, which may be different from the state in which the couple technically resides. This is because military couples so often move depending on where they are stationed. In any given military divorce, a couple may have three different states in which they can file: the state in which the filing spouse resides, the state in which the service member is stationed or even the state in which the service member claims legal residency.

Because different states have different divorce laws, the state in which you choose to file could have a serious impact on how your service of process goes, and how the divorce proceedings play out. Issues such as child custody and spousal support may be drastically different. This is why it is important to consult with an attorney from each possible state to learn what you can expect from a divorce in that state.

If you are eligible to file for divorce in Missouri, it is in your best interests to consult with a Family Law attorney in our state. That will help you determine if filing in Missouri is right for you. As always, the right decision depends on the circumstances, and no two military divorces are alike.

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