Houston, Texas divorce lawyer I have had the opportunity to help service members through a
military divorce and
family law cases. One the things that my clients are often concerned about is getting a
service member served with the paperwork.
Acceptance of Service
The easiest way to accomplish the service requirement in a
Texas Divorce is if the military member is willing to accept service by signing and
returning a waiver of service. This document simply means that he received the
divorce papers and is aware you filed for divorce. As long as your spouse is willing
to cooperate, this method works well for military families since it allows
couples to work through the
divorce process while one of them is locate elsewhere even if they are out of the country.
Locating Service Member or Getting a Mailing Address
Responsibility for military personnel records falls within the jurisdiction
of the military departments, not the Office of the Secretary of Defense.
Therefore, requests for military addresses should be sent to the respective
service of the individual whose address is being sought. This process
can take up to four weeks.
The following information is needed for all requests for all locator services:
- As much identifying information as possible such as full name, last duty
assignment, last known military address, service number, and social security number.
- The locator service is free to immediate family members and government
officials. Others must pay a nominal fee.
32 CFR 720.20 - Service of process upon personnel
CFR Provides that commanding officers may permit service of process of
Federal or state court upon members. Factors that will effect that decision include:
In-State process. When a process server from a State or Federal court from the jurisdiction
where the naval station is located requests permission to serve process
aboard an installation, the command ordinarily should not prevent service
of process so long as delivery is made in accordance with reasonable command
regulations and is consistent with good order and discipline.
Out-of-State process. In those cases where the process is to be served by authority of a jurisdiction
other than that where the command is located, the person named is not
required to accept process
Service on a Military Installation
Just because a service member is stationed at, and maybe living on, a military
installation in the U.S. does not mean it is not possible for a sheriff
or a process-server to accomplish service. Military authorities will make
the member available for service of process, assuming he is actually at the base.
Service when Overseas
It is sometimes possible to serve a service member while abroad through
registered or certified U.S. mail. In such case this will be done utilizing
“APO” and “FPO” addresses. Service by this method
can at times be difficult because military postal clerks do not always
send back return receipts.
If you want to know more about what you can do,
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Other Articles you may be interested in:
- Military Support Without a Court Order During a Divorce in Texas
- How to Divorce a Spouse in the Military
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- Texas Statute Aids Military Personnel and Their Spouses in Filing for Divorce
- Roadmap of Basic Divorce Procedure in Texas
- How Can I Get My Spouse to Pay My Attorney's Fees in a Texas Divorce?
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- 6 Mistakes that can Destroy Your Texas Divorce Case
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Law Office of Bryan Fagan | Spring Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with one of our
Spring, TX Divorce Lawyers right away to protect your rights.
divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and