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How to Serve Divorce Papers to a Military Member Overseas

Serving Divorce Papers to a Deployed Service Member –

If your spouse is in the military and stationed overseas, you might be wondering:

“How do I even get them divorce papers when they’re halfway around the world?”

The good news? It’s possible—but there are special rules to follow. Here’s your step-by-step guide to doing it right.

1. Understand the Servicemembers Civil Relief Act (SCRA) Protections

Before anything else, know that:
✔ The SCRA protects deployed service members from default judgments
✔ You must make every reasonable effort to serve them properly
✔ Courts often require proof of attempted service before proceeding

2. Your Options for Serving Papers Overseas

Option 1: Military Postal Service (Preferred Method)
– Use the APO/FPO address from their unit
– Send via certified mail with return receipt requested
– Works for most bases where regular mail is delivered

Option 2: Personal Service Through Military Channels
– Hire a process server authorized near their base (hard but possible)
– Coordinate with their JAG office (they won’t serve papers but may accept them)
– Use the Foreign Claims Office if in a combat zone

Option 3: Alternative Service (When All Else Fails)
If you can prove you’ve made multiple failed attempts, you may petition the court for:
– Service by publication (newspaper ads)
– Service by email (if you have a verified address)
– Service to their last known stateside address

3. What NOT to Do

❌ Don’t just email papers without court approval
❌ Don’t skip trying physical service first
❌ Don’t assume they’re avoiding service—deployment complicates everything

4. After Service: Next Steps

– File your proof of service with the court
– Be prepared for potential delays (SCRA allows 90+ day extensions)
– If they don’t respond, you may need to request a default hearing

Need Help Navigating Overseas Service?

Our military divorce attorneys have handled hundreds of international service cases. We know how to get it done right.