How to Serve Divorce Papers
Serving the papers is the crucial step that gets the divorce process started. You can fill out the divorce petition and all the accompanying paperwork, even file them with the court, but nothing will happen unless there is proper service of process. While you can personally deliver them to your spouse, if you are on friendly terms, clearly that's not a good idea for many couples on the brink of divorce. Luckily, there are several other options for how to serve divorce papers.
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Instructions
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Have a friend serve process by delivering the divorce papers and having your spouse sign the affidavit of service. This friend must be over 18 years old, should not be your child, and must understand the rules of effective service (see "Tips" section below).
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Send it certified mail. If you know your spouse's current address, mail the papers by certified U.S. mail. For a nominal fee, the mail carrier will take the letter to the door and have the addressee sign a detachable card. This card will serve as your proof of service.
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Hire a professional. These process servers know the rules of service and can be relied upon, though they are the most expensive option. Instead of professional process servers, sometimes the county sheriff can be hired to serve process.
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Service by publication. If your spouse cannot be located to accept service, eventually the court will enter a default and allow you to proceed with the divorce on your terms. Before this can be done, however, the court will likely require that notice of the divorce be published in local newspapers (local to the spouse's last known residence) for a certain period of time (usually 2 to 3 weeks). This serves as a final fair warning to the spouse before a default is entered.
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Tips & Warnings
Ideally, service of process puts the documents in the hand of the intended party and gets her signature on the affidavit of service. If she refuses to take the document, it can be left at her feet and still be valid service. If the person is not present, the documents can be left with a roommate or relative that lives in the same home; this person can sign the affidavit of service. Leaving papers on a doorstep is not valid service.
People who suspect they might be served can avoid service of process by certified by mail by simply refusing to sign for the parcel, or intentionally signing with the wrong signature. If this is the case, it's time to hire a professional process server.
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- Photo Credit Daniel Schwen (CC-By-SA 2.5)
