As the person asking for a divorce, you are known as the petitioner. The petitioner needs to inform the court that you want to file a petition for divorce. You must also notify your spouse. Although each state has its own set of requirements when it comes to serving divorce paperwork to a spouse, here are a few process service methods that you can consider and what it entails:
1. Personal Service
This is when you have an adult that is (preferably) not related to you or your spouse serve the divorce paperwork to your spouse. Your spouse will then sign and date an acknowledgment document that he or she received the paperwork and accepts it. This document would then be filed with the court.
2. Personal Service with a Professional
This is when the above process is performed, except this time it is a professional process server/company. There are people who make a living serving divorce papers and other paperwork to intended parties. This person will deliver the petition and attest that it was delivered and accepted. In some cases, these people can be very clever in delivering the paperwork, which is often necessary when your spouse isn't wanting to cooperate. In some areas, a sheriff can serve the papers to your spouse. Either way, they'll provide documentation that can be filed with the court – or may even file it for you.
3. First Class Mail with Reply
With an acknowledgement form, your divorce papers can be mailed via First Class to your spouse. It's easy and inexpensive on your part, but there is the chance that your spouse could say he or she didn't receive the paperwork or just purposely not respond within the allotted time allowed. This delays the divorce process and requires that you find an alternative way of serving papers to your spouse.
4. Certified Mail with Receipt
Although this method of mail service is more expensive, Certified Mail is often the best way to go if you want to try to serve the papers yourself. In order to receive a piece of Certified Mail, it must be signed for by the individual it is meant for. Therefore, your spouse can't say that he or she didn't receive the paperwork when he or she actually signed for it. You will have proof of this from the postal service, which can then be filed with the court.
Before you can serve divorce papers to your spouse, you need to first understand the laws and regulations of your state and county. Consult with a divorce attorney like one from Eschbacher Law if you haven't already, as you may find it beneficial to get help with the entire divorce process and not just the serving of the papers. After all, getting divorced can often be tricky business.
Share1 November 2015
Although I am far from perfect, I have focused on abiding by the local laws for the vast majority of my life. Unfortunately, about five years ago, I realized that I was being accused of a crime that I didn't commit. I thought about letting the trial run its course, but then I realized that fighting would be important to ensure my future. I teamed up with a great lawyer, and things became much easier overnight. My legal counsel told me what to do and what to avoid, and he was able to prove the facts in a court of law. This blog is all about choosing to fight charges.