How To Serve Divorce Papers
Once you've decided to get a divorce, you may be wondering how to serve
divorce papers on your spouse. To begin with, the initial paperwork is
called a divorce petition or summons, and it outlines all the important
information about your marriage and what is being asked for in the
divorce. This paperwork needs to be filed with the proper court, usually
in the county where the filing spouse resides.
The next step is to have divorce papers served on your spouse. This
lets your spouse know that papers have been filed at the courthouse to start the
divorce process. It also lets them know what is being asked for and how
much time they have to respond.
For the divorce to actually proceed, the court will need proof that your
spouse was served with the petition. If you have a lawyer handling your
divorce, he or she will probably take care of all this for you. If
you are doing the paperwork yourself, below is a description on how to serve
divorce papers, and how proof of service is obtained:
1. Acceptance of Service: The paperwork is personally delivered
to your spouse, by someone over the age of 18 (and not your child). You
must get your spouse to sign and date the Acceptance of Service paper to verify
that the petition was actually received.
3. First Class Mail, with acknowledgement: The petition
can be mailed, along with an acknowledgment form that your spouse will need to
sign, date, and return. If it's not returned by the
specified period, you will need to use another method of service.
3. Certified mail, return receipt requested: Serving
divorce papers with way requires that your spouse sign a paper that is attached
to the envelope when he receives the petition in the mail. This “return
receipt” is then mailed back to you after it is signed, and will serve as
proof of service.
4. Personal Service by Sheriff or process server: You can hire a Sheriff or
professional process server to deliver your divorce petition. A
proof of service form will be filled out by the person serving the petition,
which will then be filed with the court.
5. By Publication: When all other methods fail, the court will allow
service to be made by publication. This involves announcing the divorce
petition in a newspaper where your spouse is likely to be living for a specified
amount of time. You will need to return a copy of the newspaper notice,
with a statement for how long the notice ran, to the court for proof of
service.
If you still have questions about how to service divorce papers, the
following questions and answers can shed some more light on the subject:
Do I have to have divorce
papers served on him?
Jaimee's Question: My husband and I are
separated and he lives in another state. He tells me to send
him the divorce papers and he'll sign them, but he never does. I'm
broke. Do I have to go through the cost of having him served or is
there a length of time where it is just ended?
Brette's Answer: A marriage can never
just end on its own. If he won't sign an agreement, then you do need
to have him served. Service isn't that expensive - you should be
able to get it done for under $40 if you find someone in his local
area to do it. Once you have him served and he fails to respond, you
can move ahead with the divorce. »Return to top
Who can serve divorce
papers on him?
Crystal's Question: "Who" can serve the
divorce forms to my spouse. What are requirements?
Brette's Answer: Many people hire professional
process servers who know exactly how to do it right and complete the paperwork.
In most states you can have anyone do it. Check your state laws on service of
process to be certain.
Can someone else sign for
legally served papers?
Beth's Question: I need to serve my
spouse with divorce papers but the only legal address that he is
using is his Aunt's house. If I have a process server deliver the
paperwork there can the Aunt sign for them or does my spouse have
to? And if the Aunt can sign for them does that mean he has been
served?
Brette's Answer: Call a local process
server and ask them. In most states you are able to do service in a
manner similar to this. »Return to top
How do I serve
divorce papers if I only know his work address?
Raine's Question: I need to serve
divorce papers on my husband, but I only know his work
address. Can I mail divorce papers to him, in care of the
company he works for, or is there another method of service I must
use?
Brette's Answer: You can either hire a process
server (quite inexpensive) or check your state laws about service.
How can the divorce
summons be served on a missing spouse?
Maria's Question: I have been separated for about 10
months and I am ready to file for divorce. I don't know where my husband
currently lives, and I have absolutely no contact with his friends and
family. How do I have him served with the divorce summons if I don't know
where he is?
Brette's Answer: You will need to ask the court for
permission to do service by publication most likely. Each state has its own
specific requirements for this - you publish the notice in a paper chosen by the
court. Good luck. »Return to top
How can I serve divorce papers if my
husband is in jail?
Angelica's Question: How do I serve my husband if my
husband is in jail?
Brette's Answer: You need to obtain the inmate
number (call the jail and have his SS#). You then have process served by a
sheriff or private process server. You can't use certified mail since the inmate
cannot sign for it. Can he contest the
divorce if papers are served while he's in prison?
Kisha's Question: My husband is incarcerated.
Can he contest the divorce if papers are served to him in prison? If so,
does this cost more money?
Brette's Answer: Yes he can contest the divorce and
unfortunately some prisoners do this to give them a chance to leave the prison
to appear in court. Service may cost a bit more to a prison. . »Return to top
How do I serve him by
publication if I don't know where he is?
Han's Question: My husband left me without saying
anything and settled in the US. I have filed a divorce petition, and we
tried searching him but could not find him. We could not summon him through
postal notice and we have permission to summon him through news paper
publication. I don't have much idea about USA news papers, can you suggest any
daily national news paper which can publish this notice.
Brette's Answer: Try USA Today. It's really the
only national newspaper. There are other papers that are local in nature but are
read widely throughout the country like the New York Times, Washington Post,
Chicago Tribune, etc. »Return to top
What if he doesn't
pick up the divorce papers sent via mail service?
Marci's Question: If divorce papers were sent via
mail, and he did not pick them up, how do I go about getting him served? What
steps do I need to take?
Brette's Answer: You simply have another set of
them served personally on him. You can hire a process server or read your state
personal service laws and get a friend or relative to perform the service for
you. »Return to top
How do I get the paperwork
started if he lives in another country?
Suzan's Question: My husband is a legal resident of
another country, while I am a US citizen. Neither one of us can travel to the
other country for a divorce proceeding, and he will not sign papers to file
here. How do we go about getting a divorce?
Brette's Answer: You should consult with an attorney
about your state's requirements, but in general, you would just file and have to
give him notice. You need to have your husband served in a legally binding way
that will show the court he received the papers and chose not to answer. When he doesn't show up in
court, the case proceeds without him. Find an attorney experienced in
international divorce to help you with your case. »Return to top
Related Articles:
Responding to a divorce
petition
How To Get A Divorce
Also see:
More questions and answers
Ask the Legal
Expert a question
Brette Sember is a former family and
matrimonial attorney and mediator, nationally recognized expert, and author of
many books including
The Divorce Organizer & Planner,
No-Fight Divorce, and
How To Parent With Your Ex.
For more information about Brette, see www.BretteSember.com.
This column provides general information about
the various aspects of divorce. It is not intended to take
the place of legal counsel and should not be considered personal legal advice.
For specific recommendations concerning your
situation, please retain experienced legal counsel. WomansDivorce.com and Brette Sember disclaim
any liability from any claim arising from any information contained
in this column. This column is not a substitute for legal advice.
Divorce
Process / Children
and Divorce/ Emotions
and Divorce
Starting
Over / Financial
Survival / Relationships
Home /
Divorce
Guide / State
Resources
Divorce Books
/ Store / Survey
/ Contact /
Chat / Links
/ Newsletter


|