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"LAWCHEK� Domestic & Family"

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What if a spouse is in the military service?

A divorce case is a type of civil court case. By federal law, a person on active military duty may not be subjected to any civil court action unless he consents to the power of the court to hear the case. In order to commence a divorce action against a person on active military duty, it is wise to also serve the divorce papers on the person's commanding officer. Then the commanding officer will make sure the person in the military receives the papers and reviews them with a military attorney. The court may protect the rights of a person in military service by appointing an attorney for the person, by requiring a bond to be posted, by penalizing someone who falsely claims the adverse party is not in the military, or by other action.

Soldiers' and Sailors' Civil Relief Act of 1940, 50 U.S.C. �520.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright � 2003 by LAWCHEK, LTD.

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