Serving Your Spouse Divorce Papers

Consider yourself served! A stranger walks through the door and hands you court documents in person bringing to your attention that you are being sued. This can happen at any time, at home, work, or even when your walking down the street.

Divorce papers are served in the same fashion typically by a sheriff or private process server. An official summons and petition or complaint for divorce or dissolution of marriage will be deliver in person, so the court has documented proof that the person being served has knowledge of the pending divorce case. Service through the mail is often an option as well, but all documents must be sent certified to the appropriate address.

Serving your spouse can often be avoided, if your spouse agrees to waive the requirement of service by filing an acknowledgment and/or waiver of acceptance. This is most common in an uncontested divorce since both parties are in full agreement. In a case like this, the act of serving the spouse would be an unnecessary court formality and costs that would delay the divorce process.

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