Michigan Divorce Laws for a Party in the Military

How is My Divorce Going to Be Affected If I’m in the Military?

The truth is that going through divorce proceedings where one party is a member of the military, and out of state, is not going to be drastically different from any other divorce where both parties are available and residing in the same town. It is important to note that judges are willing to work around certain issues that may arise. So, if a member of the military is out of state, but testimony needs to be placed on the record, most judges will agree to allow that military member to testify on the record via a telephone conference. Judges also have the ability to set scheduling orders which accommodate a member of the military; this is in addition to modifying already existing scheduling orders where unforeseeable events may arise. The main issue that may arise has to do with serving a member of the military when that party is out of state. Other issues that could pop up arise when minor children are involved.

How Do I Serve Someone in the Military?

All divorces require that a legal document called a complaint be filed. The complaint must be given to one’s spouse, and that spouse has the option of answering the complaint. If the complaint is not answered, a default judgment may be awarded to the plaintiff. Although there are times when a defendant may choose to default on purpose (in those cases where the parties have already agreed upon major aspects of their divorce), most defendants choose to answer the complaint. Of course, in order to answer a complaint, the defendant needs to be aware of its existence, hence the reason that the court rules require service of process. Although it may seem like serving a member of the military who is out of state could be difficult, it is usually easily accomplished by making the court aware of the situation; and effectively serving the defendant through the local sheriff’s office and the military police office.

Get a Michigan Military Divorce Attorney

Whether you are thinking about filing for divorce, or if you’ve already been served with a complaint, it’s important to talk to an experienced divorce attorney. Not only are attorneys skilled negotiators and worthy counselors; they are also familiar with the courts you need to file in, and the judges that handle divorce cases. Hiring an attorney is absolutely necessary if you are in the military and out of state. Because if you aren’t there, who else is going to be? Contact our office today at 586-268-2400.