Any divorce can be complex, but military divorce comes with its own unique set of challenges. One of these is serving the divorce papers.
Virginia law requires divorce papers to be served in-person, either at your spouse’s residence or another location. You cannot serve them yourself; you must use a sheriff or other official. The papers can be served to a member of your spouse’s household if the person is at least 16 years old.
Clearly, this requirement is complicated if your spouse is an active-duty military member and stationed somewhere. They could be located at any location around the country or world, making serving them much more difficult.
You have several options for serving your military spouse
If you have an address that they receive mail at, you can try serving them by certified mail with a return receipt. If you know how to reach them in person, you can use a professional process server to serve them.
If you have a third-party who is at least 18 years old, you can also accomplish service that way. Another option is to find someone willing to accept service on your spouse’s behalf and have them sign an acceptance of service form to prove service.
No matter which option you choose, it is important to save all paperwork related to your divorce, including proof of service. Get proof of delivery for all documents in addition to the initial divorce papers.
The Uniformed Services Former Spouses’ Protection Act
Additionally, you must comply with the Uniformed Services Former Spouses’ Protection Act (USFSPA). This act requires you and your spouse to meet certain requirements regarding notification, jurisdiction and residency for a court to grant a divorce.
Carefully review the USFSPA requirements to ensure you comply with the requirements and every piece of your divorce is legally valid under the act.
The special requirements of a military divorce can make the process feel overwhelming, especially as you process the emotions involved with a divorce. Having guidance can help ensure all necessary steps are taken.