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Service of process in divorce cases

Service of Process in Divorce Cases

“You’ve been served” is a term you’ve probably heard before in real life or in films and TV shows. However, are you familiar with its true meaning? It is common practice to serve spouses with divorce papers once the decision to file is reached. How this works is shrouded in mystery, and numerous pop culture references exaggerate its terrifying potential.

Divorce is a legal process that takes more than simply agreeing to split up; it also necessitates meticulous adherence to specific processes, such as the service of process. Anyone initiating a divorce must fully grasp the gravity of this step. It serves as formal notice to the other party of the legal action, establishing the commencement of the divorce process. Ensuring the other party has a chance to put forward their case is a constitutionally protected right, and a necessary procedural step.

What does “serving” mean in context of a divorce?

You will need to fill out several paperwork and have them personally handed to the other party (i.e., your spouse) when you apply for a divorce. The formal notification that you’re commencing legal procedures against them is served by “serving” documents. 

Which documents will be served?

Legal documents. The formal name for this document in the legal system is “summons and complaint.” A lawsuit is initiated with a “summons” that requests a response and serves as notice of filing, while the “complaint” explains the nature of the litigation.

Why is the process of service important in a divorce case?

The purpose of serving process is to tell the other party (i.e., your spouse) of the litigation and provide them an opportunity to react. The other side has time to be ready as well if the summons calls for a court appearance. 

Does the law or the court require you to personally serve the papers?

No. The ability to use a process server to serve legal documents differs from one state to the next. To have papers served on your behalf, you can hire a process server. They are impartial third parties. Particularly in situations where one party fears for their safety, the fact that service of process seldom necessitates direct interaction between you and the other party in your case is crucial. Although there are a few states that allow you to serve papers yourself, it all depends on your comfort level and whether you anticipate a positive response from the other party.

What is the timeline for the process of service?

Serving process does not adhere to a specific time frame; rather, it is affected by the relative ease or difficulty of contacting the opposing party. It usually takes 3 to 5 days for simple issues to resolve. This time frame can be significantly extended if your spouse is intentionally evading service efforts or is difficult to locate. If you want things to move along more quickly, give the process server a current business or residential address (or, if your spouse has an attorney, the address they offer).

What are the other methods for process of service?

The standard procedure for a process server is to try many service methods before trying something else. When the other side in a dispute can’t be located, it can be very frustrating. However, there are alternative choices available. Although the conventional technique, often called personal delivery, is not always the approved form of service of process; still, the following is a rough outline of what is typically involved.

  • Nail and Mail

Some states allow process servers to use a combination of nail and mail to avoid personally serving documents. The “nail” half of this approach involves taping the documents to the door, and the “mail” component involves sending them to the same address within 20 days. Because it is so difficult for the court to confirm receipt of the documents, this procedure is rarely employed.

  • Service by Publication or Posting

In the event that personal delivery is unsuccessful, the process server has the option to publish the summons in a local newspaper (in or near the defendant’s area of residence) once weekly for a minimum of four weeks. An example of this would be service by publication. Similarly, there is a certain qualification process for “service by posting,” which entails posting the summons at the defendant’s county court.

  • Substituted Service

Legal documents are left with a “person of suitable age” at the defendant’s domicile in the event that the process server is unable to personally locate the defendant.

What happens after the other side has been served the legal documents?

After we’ve served the other party, they usually have a certain number of days (which differs by county and state) to respond.

The other party (i.e., your spouse) usually has three options for a response:

  • They’ll sign the document indicating their agreement to all the terms.
  • Some of the terms may not be acceptable to them.
  • They are completely unresponsive.

Service of process is not meant to intimidate or scare anyone; rather, it is meant to make court matters run more efficiently. Whether you are about to serve your spouse with documents, are being served, or are simply curious about the process, you can contact us at our phone or email, details of which are available at contact us

AGGRESSIVE AND PROFESSIONAL NATIONWIDE PRIVATE PROCESS SERVERS

Here at Judiciary Process Servers, it’s our number one priority to make your job easier. Whether you need legal documents served, a foreign subpoena domesticated, or court documents retrieved, our expert team of professionals are ready to help. Call today for a free quote!

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