As a 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.
Law Office of Bryan Fagan | Spring, Texas Divorce Lawyers
If you have questions regarding divorce, it's important to speak with a divorce lawyer right away to protect your rights. Our military divorce lawyers in Spring Texas 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, Cypress, Klein, Humble, Tomball, the FM1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers, Galveston, Brazoria, Fort Bend County and Waller County.