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The military member can request a state under the Sailors and Soliders Act. In addition a state can be requested at any stage of a civil proceeding.
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The way I understand it - unless papers are served to him overseas and NOTARIZED and returned (so they can be faxed over, but must still be mailed back). His rights cannot be terminated until he arrives back stateside and is served.
And, that seems fair to me.
I know that they had JohnPatrick's bdad sign his papers in front of a notary in his base legal department and he was in Cuba. PM me if you need anymore advice. I am married to an active duty Marine, and this information is easy access for me...
God Bless,
Tiffany