Divorce involving military service personnel creates a number of specialized legal problems. The first involves the question of filing for divorce in Maryland (as opposed to some other State). To qualify for filing a divorce action in Maryland, at least one spouse must live in Maryland. Maryland also allows servicemembers to file for divorce in Maryland civil courts if they are on active duty stationed in Maryland, such as being stationed at the Naval Academy, Fort Meade, etc.

So, as an example, if Spouse 1 and Spouse 2 both live in Maryland, then either can file for divorce in Maryland. The same is true if both are stationed at a military installation in Maryland and for any other combination.

The second legal difficulty involves delivering copies of the Maryland divorce court papers to the spouse from whom a divorce is sought. This is called “service of process.” Service of process basically means hand-delivering the divorce papers to the “target” spouse. Without service of process, the Maryland divorce courts will not have jurisdiction over the other spouse and cannot move forward with the divorce proceedings.

Service of process is straightforward if both spouses are in Maryland. Service of process is often done by a local County Deputy Sheriff. At its most simple, the Deputy knocks on the door and delivers the divorce papers when the other spouse answers. Service of process can be more difficult if the other spouse is on a military base, but service of the divorce papers can still be accomplished.

Matters are yet more difficult if the other spouse is stationed out-of-State (but still in-country). Service of process can still be accomplished but will take more time. Matters are much more difficult if the other spouse is on active duty overseas. In those circumstances, service of process will definitely take more time — much more — and the divorce proceedings will be delayed. Note that the other spouse has the option to waive service of process and, essentially, accept the papers and submit him or herself to the jurisdiction of the Maryland divorce court.

The third legal difficulty involves how quickly the divorce can proceed. Basically, military divorces will go a lot slower than civilian divorces. There are many legal and practical reasons for this. For example, there is a federal law called the Servicemembers Civil Relief Act that gives members of the military protection from being sued, including being sued for divorce. Under civilian rules, after being served with the divorce papers, the “target” spouse has only about 30 days to file various responsive papers and documents with the Maryland divorce court. However, members of the military have at least 90 days to file such papers after the end of their active duty.

So, bottom line, if you are in the military, you can file for divorce in Maryland if you live here or are stationed here. However, be prepared for the complications and delays that are normal for divorces involving military personnel.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.