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 Will I get served if he uses an online divorce service? Laura's Question: If my husband files for an "uncontested" divorce using an online company like LegalZoom, will I get served with divorce papers? How would I know if he has filed with a service such as this? Brette's Answer: For a divorce to be valid, he must follow your state laws regarding service, unless you sign something waiving service. You must receive notice of the case against you. How long does it take for papers to be served? Angela's Question: How long does it take before I get served with divorce papers? My husband told me that he has worked with lawyer on Monday and it has been a week. Brette's Answer: It can take a while. The attorney has to prepare the papers, your husband has to approve them and they need to be served on you. Give it a couple of weeks. 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 Is it possible to serve documents to his lawyer? Theresa's Question: My ex is always on the go with work and I have no idea where he currently works either. Is it possible to serve documents to his lawyer? Brette's Answer: You can usually do so only if the attorney agrees to accept service. If not, you need to hire a process server who can do service within your state law requirements. How can I get his address if I only know his phone number? Eva's Question: I want a divorce, but I only have my husband's phone number. What I should if the forms require his address? Brette's Answer: I believe there are web sites where you can enter a phone number and get an address. If you can't figure it out on your own, a good process server will be able to. 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. »Return to top 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. 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 get started with the service by publication? Rebecca's Question: I have filed for divorce and the local sheriff has been trying to serve the papers but we are unable to locate him. How do I publish the divorce in the newspaper? Brette's Answer: You usually need a court order to be able to serve by publication. Call the court clerk and ask how to proceed. 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 Do I have to personally serve him if mail service didn't work? Sarah's Question: I served papers to my spouse where they wrote to me and said they would accept service. It came back because they weren't there. Now I got an email saying they can be sent to another location, but demanding that they be served and not just mailed. Do I have to honor that? I really cant afford to try and serve papers again and then it come back bogus again. Brette's Answer: If I were you, I would just have the documents served on him personally and be done with it. 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 Can I throw him out after he's served divorce papers? Shirley's Question: I just had the sheriff serve my husband divorce papers. Can I legally remove his clothes and stuff from the house? If not, what can I do to get him out of the house? Brette's Answer: Just because he's been served with papers doesn't mean you automatically have exclusive rights to the marital residence. If he won't leave, you can seek a court order. What happens after you serve divorce papers? Barbara's Question: What happens after you serve your husband with divorce papers & his lawyer calls your lawyer. Do you go to court? Do the lawyers go to court? Do you have a meeting? Brette's Answer: Generally your husband has to file an answer or response. In most cases, the attorney will try to meet to work things out. There is generally a meeting held at court, with the judge or judge's assistant to try to encourage settlement and move things along. A trial date is scheduled and before trial happens, discovery takes place. Throughout all of this, the attorneys try to settle. (you can read more about this by reading through the Steps of Divorce). Good luck.
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 Process / Children and Divorce/ Emotions and Divorce Home / Divorce Guide / State Resources / Divorce FAQS
|
For more information about Brette, see 
