Military Divorce In Michigan
Due to the nature of military service, the domestic legal issues of military personnel are subject to different laws than a strictly local case. Servicemen and women are often on tours in foreign countries, which makes it difficult to ensure them a fair process in family court if their spouse is still on Michigan soil. In this blog, we will be going over the military divorce process in Michigan, being informed on these things is important and will help you in the long run. 
How Do I Serve My Military Spouse Their Divorce Papers?
The same standards for serving a civilian defendant apply to military personnel. However, the fact that a U.S. soldier can be stationed at a foreign military base and posted either on or off the base can make this complicated. A number of federal regulations govern this scenario.
Off-post in the United States: The same procedure as a civilian. The same goes for an off-duty national guardsman.
On-post in the United States: Since most military bases are under federal jurisdiction, the assistance of military officials is often necessary to serve divorce papers. If you are using a service by mail, there are very few complications. However, the serviceman may refuse to accept the served document. Military postal authorities will note the refusal and the court will presume that the papers were received.
If you try to serve in person things get a bit more complicated. For starters, a commanding officer/supervisor will have to determine whether or not the soldier is voluntarily accepting service. Federal regulations require that the serviceman be provided with legal counsel. If he refuses voluntary service, that’s the end of it. For bases under joint state and federal control, the rules are a bit different. If the soldier refuses service, then the server will be allowed to provide service by any method acceptable under that state’s law, subject to reasonable regulation of that base’s commanding officer.
The Navy and Marines require the commanding officer’s consent. They also require the use of a process server from the court of the state that is hosting the base. The commanding officer must also be present when the papers are served. Outside of the U.S.: If voluntary acceptance is denied, the process server must use a service method that complies with the laws of that nation. This may be further restricted by any status of forces agreement between that nation and the U.S. This can cause delays as documents have to be translated and work their way through the foreign bureaucracy.
I Am In The Military Expecting a Divorce. Should I Be Worried About A Default Judgement?
There is no need to panic; the federal government has already addressed this issue. They realized that being away from home, state, and country can put a service member at an elevated risk of default judgment. Therefore they passed the Service member’s Relief Act, which protects you from default judgments in certain situations. The general rule is that a default judgment is voidable (may be set aside with a motion) if two requirements are met:
- The service members ability to respond was “materially” affected by their service in the armed forces
- The service member had a valid legal defense to the allegations of the complaint. The court giving the judgement may ask for proof of military service from the Department of defense.
If the case is in civil court and the military defendant does not appear, the plaintiff must file an affidavit with the court. The affidavit must either state that the plaintiff knew the defendant was in military service or was unable to determine if that was the case. If the plaintiff was unsure, then they may have to post bond in order to get a default judgement. That bond will be used to protect the defendant from judgment if they turn out to be in the military.
If military service is later confirmed, then the court must appoint an attorney to represent the defendant. The court may also grant a stay (a delay) on the case for 90 days if there is either. A defense which cannot be made effective if the defendant isn’t there in person, or Plaintiff tried and failed to get into contact with the defendant to see if such a defense existed.
Conclusion
Military divorces can be difficult and take a long time. The process requires the right attorneys so that you can get the outcome that you want. If you need more information on Divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.
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