Purpose of Divorce Papers
A divorce case cannot proceed absent an appropriately drafted petition served on or acknowledged by the respondent. Even a minor mistake will cause at least a delay in the case if not an outright dismissal.
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History
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A long-established principle in the U.S. and European judicial systems is that the parties to a case are entitled to notice of the proceedings as well as an opportunity to be heard.
Effects
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The effects of this principle extends to divorce cases. Through divorce papers a respondent is provided with the claims made by the petitioner and notified of when and where to appear in court.
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Function
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Another function of divorce papers is to bring the respondent under the jurisdiction of the court. Once the respondent is served with divorce papers, he must participate in the case or the judge will enter a default judgment against him.
Misconceptions
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A common misconception is that the sheriff must serve divorce papers. By law a respondent can sign a "waiver" that allows her to accept the divorce papers and voluntarily submit to the jurisdiction of the court.
Warning
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Divorce cases are complicated and emotional. Therefore, your interests likely are best served if you hire an attorney to represent your interests in your divorce case.
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References
Resources
- Photo Credit Image by Flickr.com, courtesy of anthony kelly
