Understanding Divorce and How to Serve Divorce Papers

Serving divorce papers does not apply to all divorce cases; there are two types of divorces: a divorce that results from a mutual agreement and a one-sided divorce (one spouse wants a divorce while the other does not). 

The action of serving divorce papers applies to one-sided divorces; here's everything you need to know about it:

Where Does It All Start?

A one-sided divorce often arises when a spouse cheats or abuses the other. The cheated-on or abused spouse may be the one who initiates the divorce by filing a divorce petition in court.

If you are a cheated-on or abused spouse, you might not know how to file a divorce petition or what is required during the divorce process. Hire a divorce lawyer and make sure the lawyer has experience in one-sided divorces related to the reason you are divorcing your spouse. The lawyer will guide you through the whole process. Keep in mind that you should never share a divorce lawyer with your spouse.

Filing a Divorce Petition

This is the process of informing a court that you want a divorce from your spouse. Your divorce lawyer will help you access the correct forms and file them as needed.

Serving Divorce Papers

This is the process of notifying your spouse that you have filed for a divorce petition. It is done by presenting them with divorce papers that highlight your demands.

Note that you are not required to present your spouse with divorce papers physically; you have options. For example:

  • Acceptance of service — Here you utilise the service of a person who is above the age of 18 years. They deliver the divorce papers to your spouse, who should sign a dated acceptance of service paper as proof of receipt. 
  • Service by the sheriff — You can hire a sheriff or process server to deliver the divorce paper. They will fill out a proof of service form that is to be filed with the court.
  • First-class mail — You can mail the divorce papers alongside an acknowledgement form. Once received, your spouse can sign the acknowledgement form, date it and send it back to you.

Your divorce lawyer will help you choose the most suitable method.

Dates and Deadlines

Note that once you file for a petition, there is a deadline to serve your spouse with divorce papers, hence the need for proof of receipt. They also have a deadline to file an answer with the court responding to your divorce demands.

If you have more questions about how to serve divorce papers, contact a local divorce lawyer.


Share