How To Serve Divorce PapersOnce 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: 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.
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
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