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Is a Commander Required to Serve Divorce Papers to a Soldier?

Is a Commander Required to Serve Divorce Papers to a Soldier

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Bottom-line

There is absolutely NO legal requirement for the Command to serve legal papers and the Command should know this.

Discussion

See 32 C.F.R. 516.12 – Service of civil process outside the U.S.

516.12(c) Process of state courts. If a Department of the Army (DA) official receives a request to serve state court process on a person overseas, he will determine if the individual wishes to accept service voluntarily. Individuals will be permitted to seek counsel. If the person will not accept service voluntarily, the party requesting service will be notified and advised to follow procedures prescribed by the law of the foreign country concerned.

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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training.

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