Serving divorce papers to an active-duty military spouse in the United States can be more complex than for a civilian due to the Uniformed Services Former Spouses' Protection Act (USFSPA). This act requires that "service members and their spouses meet certain requirements regarding notification, jurisdiction, and residency before the court can grant a divorce." Any paperwork must be properly filed so that it complies with USFSPA standards.
Service of Process for a Military Divorce in Florida
If your spouse is on active duty or stationed out of state, you have several options for serving them divorce papers, but you can’t serve a divorce petition yourself.
You may be able to serve them through someone else who is 18 years or older, such as a friend, family member, or a professional process server. If this isn’t possible, you may be able to send papers via certified mail, with a return receipt. You can also file a “Waiver of Service” with your local court and have the documents mailed to your spouse. Additionally, if someone else is willing to accept service on behalf of your spouse, they can do so as well.
In any case, it’s important to keep track of all paperwork related to the divorce process. Make sure that you get proof of delivery for each document or notice sent and received by either party. Finally, make sure that you follow all other legal requirements in order to ensure that the divorce process follows USFSPA standards and is legally valid.
Contact Us Today to Learn More
Consulting an attorney about how best to serve an active-duty military spouse with divorce papers is highly recommended. At Beatriz Zyne, P.A., we understand that filing for divorce from an active-duty military spouse can be a difficult process. We want to make sure you get the legal advice and service you need to navigate it.
When you are going through a military divorce, there are certain protocols and procedures that you must follow. We can help guide you through this process, ensuring all necessary steps are taken to properly serve your spouse in accordance with military laws and regulations.
For more information and to request a consultation with our experienced attorney, contact Beatriz Zyne, P.A. online now.