Legal Question in Family Law in South Carolina

Of course, she can accept service if she so chooses, but unfortunately even if you could get her served while she is overseas (a difficult proposition in and of itself), she will not be obligated to defend the suit until, at the earliest, 90 days after her return.

Active duty military personnel stationed overseas are protected by a federal statute called the Servicemember's Civil Relief Act, which entitles most active duty military personnel stationed overseas to a stay of any civil proceedings against them, including divorce, while they carry out their military duties.

The SCRA is a complicated statute, and there are several requirements that your wife and her attorney must follow in order to properly take advantage of the Act's protections.

There are also many important steps that you should be pursuing while you await her return--the stay is not permanent, and it is not automatic. You and your attorney should use the time to explore your options and prepare for the litigation, especially if you have children.

I highly recommend you seek the advice of an attorney who is experienced in handling military divorces and SCRA matters, as there are many special considerations affecting military families. Good luck to you.