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| Divorce 101: I've filed my divorce papers now how do I get my spouse served?
Before the court will grant you a divorce decree you will have to prove that your spouse received your divorce papers and had a chance to respond to them. If you cannot prove that your spouse was served you will not be granted a divorce and you will have to start all over.
Your spouse will have to be served personally or the papers can be left at their residence with someone over 18 years of age who is of sound mind.
First of all, you cannot serve your spouse with the papers, nor can you have your children serve your spouse. So who can serve your spouse?
* Law enforcement
* A professional process server
* Anyone over the age of 18 and of sound mind
* Anyone who will not be called as a witness
The county sheriff can serve your spouse and your local police department may offer that service as well. Contact the Sheriff's office Civil Unit for information on their legal documents service.
A professional process server is another option. There are many good ones out there. You can find them in the yellow pages under process servers or do a google search for process servers and then enter the city you need the service done in.
If law enforcement or a professional process server serves your spouse they will give you a document called an Affidavit of Service. This document is signed by the person who actually served your spouse and will say when and where service was completed. You must file the Affidavit of Service with the court. Both law enforcement and a professional process server will charge you a fee for this service.
If you choose not to use law enforcement or a professional process server you can have a relative, friend, neighbor or co-worker serve your spouse. The person you choose should not be someone who might be called as a witness if your divorce goes to trial and must be over the age of 18 and of sound mind.
If you choose this method of getting your spouse served give they must fill out and give you a Return of Service form. They will check the boxes next to the forms they gave your spouse, then enter your spouse's name, the date, time and place of service and then they sign, date it and give it back to you. You will make certain that you enter your court case number and the names of you and your spouse at the top of the first page. File the Return of Service with the court after you have made a copy for yourself.
Once you have filed either an Affidavit of Service or a Return of Service with the court you have proven that your spouse was served with your divorce papers.
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| | Legal information is not legal advice - Empower Yourself |
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