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Yes, you can file for divorce from a military spouse overseas

You decided that you wanted to get a divorce from your military spouse long ago, but your spouse has been deployed for some time. You're not sure how to serve the paperwork to your spouse or about where you should file to begin with.

Fortunately, there are some simple answers to your questions. For more complicated situations, your attorney can help you by working through military channels to serve your spouse.

How do you serve someone who is on a military base?

Military officials actually do now serve process on bases. Some may allow for a summons or petition for divorce to be accepted willingly by your spouse. This could lead to delays, so when you send the summons or petition to the base, make sure to mention the possible effects that delays could have on the cost of the divorce.

What can you do if your spouse is out of the country when the hearing is scheduled?

If your military spouse has leave, it's a good idea to find out how much he or she has. Your attorney can file a request for a Leave and Earnings Statement to find out how much time your spouse has to leave the base. A peremptory setting can also be used for service members who need to have a case heard promptly to avoid unnecessary delays.

Can you still file for a divorce even though your spouse isn't domiciled in the United States?

Yes, as long as one of you has residency within the United States, you can file for divorce in that location. Your attorney will help by reviewing the laws in each location to determine where a divorce should be filed for the most benefits to you. If you're ready to file, our website has more information on what to do next.

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