What if my spouse does not answer the divorce summons in a military divorce?

If your spouse does not answer the divorce summons in a military divorce, the court may grant a “default” judgment granting the divorce. However, your divorce will not be finalized until the court is satisfied that your spouse was properly served with the summons. In West Virginia, the summons must be served either in-person or by mail. If it is served by mail, your spouse must sign a waiver, acknowledging that they received the summons and that they accept it as valid. If your spouse does not sign the waiver, the court will likely order you to make arrangements to have the papers served in person. If your spouse is a member of the military stationed overseas, it may be more difficult to serve them with the summons. Fortunately, West Virginia has specific provisions in its divorce laws that allow for the service of papers to a spouse stationed in a foreign country. You may be able to serve them by mail or have a local court in the foreign country handle the summons. If your spouse does not answer the summons, you should contact an attorney to ensure that all the proper steps are taken and that the divorce is granted in accordance with West Virginia law. An attorney can help guide you through the process, ensure that proper service is made, and represent you in court if it is necessary.

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What if my spouse does not answer the divorce summons in a military divorce?

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