Service of Process in Military Divorce and Custody Cases.

One of the initial questions, if representing the spouse of a soldier in active duty, is how to effectuate service of process. While certified mail service can be used in other cases, it is necessary under Federal law to personally serve the active duty member with a complaint for Divorce, dissolution, legal separation, or annulment, in order for a court to have personal jurisdiction.

If the respondent is deployed, and, much worse, deployed overseas, this service can be extraordinarily difficult as details regarding specific personnel location is often given begrudgingly, and service of process must be performed in accordance with the SSCRA and SCRA. If you are lucky enough to have the service person's consent, you can request that the military serve the active duty member by contacting someone with the local JAG office.

If you do not have the service person's consent, it is considerably more difficult. One possibility is to have the court appoint someone, either another service person or a civilian, as an officer of the court to serve the papers.

Logistical problems

The problems with service on a deployed service person may not end with finding someone willing to help effectuate personal service.

Even after you arrange such service, there are several other logistical obstacles to personal service. First if the service person is a sailor aboard a ship or short installation, service of process at such a location actually violates military regulations. Much worse can be service on sailors stationed upon nuclear submarines which are often deployed for a full year without leave.

Hague Convention Treaty

Service of process in a territorial jurisdiction of many foreign nations may also violate the Hague Convention treaty. If the service person is stationed in a country that is a member of the Hague Convention, it may be preferable to serve the Complaint by mailing the documents to the central authority designated by the country to accept the task of accomplishing service of process in accordance with the laws of that jurisdiction which, in turn, satisfies Ohio law on the proper service of process.

Child Paternity and Support Cases

Changes have been made to provide easier service of process on deployed personnel in cases involving the establishment of paternity or enforcement of child support. In such cases, officials are designated with responsibility for facilitating service of process on the personnel.