If you’re the initiating a divorce case, it will have to be served on the other party once it is filed. Service of process means handing that divorce packet over to the individual or to someone who is living in that individual’s house. There are different ways to serve divorce papers on your ex.
One option is to complete service through sheriff, although this can take a lot of time. One of our attorneys would send your divorce papers to the local sheriff’s office where they will be added to a stack of civil litigation papers that need to be served. When they get to yours, they will try serving on the home of the other party and, if they’re not there, it gets added back to the bottom of the stack. When they get to it, they’ll try again.
If you think your divorce will be an amicable case and that your spouse is likely to waive service, our team can send all the pleadings in a form called an “acknowledgement of service” asking them to sign this acknowledgement, have it notarized, and send it back to our office. Otherwise, your spouse can hire an attorney and have them file the acknowledgement of service.
Working with a special processor to complete service is generally preferred over sheriff service because the special process server will take a more customized approach to getting the defendant served. For example, you could tell them that your spouse is typically home at a certain time on certain days of the week, and the special processor will try to complete service during those specific times.
Even if a special process server attempts to complete service at the times given to them, it doesn’t always work out, and they may have to try again. When someone avoids service – meaning they won’t open the door – the special process server can be paid to sit outside the house until someone leaves so they can serve the divorce papers on that person.
There are some things that can make serving divorce papers difficult. Despite the hiccups, our team of dedicated attorneys always stays on top of following up with the process server and making sure they have all the information they need to complete service as quickly as possible. Call our intake team for assistance with completing service of process after filing for divorce.