Serving divorce papers is an important step in the divorce process. The papers must be properly delivered or “served” to your spouse to notify them that you have filed for divorce. This article will explain everything you need to know about serving divorce papers to your spouse.
Here is what you need to know about serving divorce papers on your spouse:
Understanding Divorce Papers: What Papers Do I File?
The first step is understanding what papers you need to file and serve. When you file for divorce, you will complete a divorce petition or complaint. This document sets out basic information about you, your spouse, and your marriage.
You will also need to complete a summons form. The summons lets your spouse know they are required to respond to your divorce petition within a certain timeframe.
These are the main initial divorce papers that must be properly served. Any other papers can usually wait until after the case gets underway.
The Importance of Service of Process
Serving the initial divorce papers is known as “service of process.” This phrase refers to delivering legal documents in a manner prescribed by state law.
Proper service of process is required by procedural rules. It is an essential step that allows the court to exercise jurisdiction over your spouse.
Without correct service, your spouse can argue they didn’t get proper notice of the divorce. This could cause significant delays, force you to redo service, or even result in dismissal of your case.
How Do I Serve My Spouse?
You have a few options for serving your spouse with divorce papers:
Ask the court clerk to serve the papers by certified mail. This is the easiest option, but is only available if your spouse’s address is known.
Hire a professional process server to hand-deliver the papers. A process server can locate and personally serve papers on your spouse. This is the most reliable option.
Have a competent adult friend or relative serve the papers. In many states, anyone over 18 who is not involved in the case can deliver the papers.
Serve by certified mail with return receipt. You can mail the papers to your spouse’s last known address. Make sure to request a return receipt so you have proof of delivery.
Serve by publication. If you can’t find your spouse, you may be able to publish a notice in a local newspaper where the spouse last resided.
No matter the method, it is critical that service adheres to state laws and procedural rules. Otherwise, you may have to redo it.
What If I Don’t Know Where My Spouse Is?
If you don’t know your spouse’s location, you will need to make diligent efforts to locate your spouse before attempting service. Search public records, social media sites, and contact friends and family to try to find your spouse.
If you still can’t locate your spouse after making thorough efforts, you can ask the court for permission to use “substituted service” like service by publication.
You will need to file a motion with the court explaining your efforts to find your spouse and why you should be allowed to use substituted service. If granted, follow the court’s order to complete service.
What Happens After I Serve the Divorce Papers?
Once your spouse is served, they have a set timeframe to file a response, known as an “Answer.” This is typically 20-30 days after receiving the papers.
Your spouse can respond by either agreeing with the divorce or contesting certain issues. If they don’t respond, you can ask the court to enter a default judgment against them.
After the initial papers are served, the case proceeds with exchanging documents, divorce settlement talks, and possibly a trial. Your spouse must be given notice of all other court papers and proceedings in the case.
How to Show Proof of Service?
To prove you correctly served the divorce papers, you must file a Proof of Service form with the court. This shows your spouse was properly served.
The Proof of Service details the date, time, and manner of service. It must be signed by the person who delivered the papers. If service was by mail, attach the return receipt.
File the completed Proof of Service form with the court as soon as possible after serving your spouse. Keep a copy for your records. Without it, the court may not finalize your divorce.
Do I Need to Serve the Rest of the Court Papers?
Yes, your spouse must receive copies of all documents filed in the case. This includes motions, financial statements, custody forms, and more.
Proper service keeps your spouse aware of what is happening and allows them to respond. Follow your state’s rules for service each time you file new court papers.
What If My Spouse is in Jail?
You can serve your spouse even if they are incarcerated. Contact the jail or prison to find out their policies for serving legal papers.
In most cases, you can arrange for a law enforcement official at the facility to serve the divorce papers on your spouse. Make sure to get a completed Proof of Service form from the official.
Navigating the Initial Divorce Papers
Serving the initial divorce papers kicks off the legal process. Make sure you follow all rules so service is done correctly. This ensures your spouse gets proper legal notice of the proceedings.
Here are some final tips for serving the first papers:
Find a reliable process server if you don’t want to serve papers yourself. They can locate and serve your spouse.
Use certified mail with return receipt if your spouse’s address is known. This provides proof of delivery.
Check state laws on who can serve divorce papers. Many states allow a friend or relative to serve.
Provide notice of the divorce petition and summons. At minimum, these main documents must be served.
Complete and file the Proof of Service form. This shows your spouse was properly served.
Keep trying to locate your spouse if their whereabouts are unknown. Seek court permission for substituted service if you cannot find them after diligent efforts.
Serving divorce papers properly is a critical first step in the divorce process. Following state laws and getting proof your spouse was served ensures your case can move forward. With attention to detail, you can make sure this important task is done right.
Frequently Asked Questions:
Q. How much does it cost to have someone serve my divorce papers?
A. Professional process servers typically charge $45 – $100 to serve papers. Law enforcement offices like the sheriff may charge less. Shop around to find competitive rates, get quotes upfront, and compare options.
Q. Do I have to serve my spouse again if I amend my divorce petition later?
A. Yes, if you file an amended petition making significant changes, you will likely need to serve your spouse again. Small clerical amendments may not require additional service. Check your court rules to be sure.
Q. What happens if I am unable to properly serve my spouse?
A. If you have made diligent efforts to locate and serve your spouse but have been unsuccessful, you can file a motion asking the court for permission to use “substituted service” methods. This could include service by publication in a newspaper or posting the notice at their last known address.
Q. Can the court provide permission to serve my spouse another way?
A. Yes, if you have made thorough efforts to locate your spouse and tried all standard service methods, you can ask the court to allow alternative service, also called substituted service. If granted, this authorizes you to serve the papers in a manner other than personal service, such as through certified mail or publication.
Final Takeaways
- Filing initial divorce papers is the first step in a divorce case.
- Proper service of process is crucial to ensure your spouse is aware of the divorce proceedings.
- There are various methods to serve your spouse, including hiring a process server, using the sheriff, or mailing the papers.
- If you can’t locate your spouse, you may ask the court to serve by publication.
- After serving divorce papers, your spouse must respond within a specified period.
- You must provide the court with a proof of service form to verify your spouse was served.
- All court papers related to the divorce must be served to your spouse.
- Even if your spouse is in jail, divorce papers still need to be served.
- If you can’t find your spouse, you can still get a divorce by asking the court for permission to serve by publication.
- Consult with a family law attorney if you’re unsure about the process of serving divorce papers.
Properly serving your spouse ensures your divorce gets off to a good start. Any issues with service can delay proceedings, so it’s worth hiring an experienced process server to handle this important first step. With divorce papers served, you can move forward to resolve property division, child custody, support, and other divorce details.