The thought of having your spouse served with divorce papers may make you nervous and even scared. However, the process is made relatively easy to make life simple for you and your spouse. There are some general principles that we will help you understand in your moment of need. Before you move forward with the serving process, you must make the court known that you and your spouse want to receive the divorce, which makes you the petitioner. Serving your spouse is much like allowing them to know that you want to actually receive a divorce, which puts it in writing for the court. It is a way for the court to ensure that both parties are going to be present for the process.
Process
Each state has specific rules that you must follow, but most of these rules are very general. You can speak to an attorney about your particular circumstances, but in many case serving divorce papers goes as follows:
Personal Service: This case, which many people follow, involves an adult other than the child serving paperwork on your spouse. They must sign and personally date a document that acknowledges service was accepted, and then it will be filed with the court.
First Class Mail: You mail the document in which your spouse will sign, date, and return it to you through the mail, proving to be inexpensive and easy. However, your spouse may choose not to respond, which could leave you in a situation of time crunch.
Certified Mail: Adding the receipt to your letter gives proof of notification upon serving. It will be sent back to you and you will have proof of service.
Personal Service With Process Servers: This involves people who can serve papers professionally, who reside in every state in the country. This means that you don’t have to rely on your spouse’s cooperation, because they will ensure that the spouse files with the court.
Publication: When somebody cannot be found to be served, this may be your only option. You publish your intent to divorce in a newspaper and they have a certain amount of time to come forward.
There are different requirements for serving divorce papers in every state, many of which may benefit you in your specific case. Find out how we can help you understand this process and show you what is best for you. Give us a call today for more.
