Divorce papers must be properly served according to local court rules. Most prefer delivery in person, but some allow mail or publication. Litigants cannot serve papers and court officials or process servers may be required. It’s important to follow the rules to avoid delays and fines. Hiring an attorney can help ensure proper service.
Divorce papers, like complaints or subpoenas in any other legal proceeding, must be properly served in order for a court to consider the case. The rules governing the service of the trial — including who can serve, what exactly must be served, and when to serve — are dictated by the rules of the local court. Different jurisdictions require different things. Most of the time, the service must be in person and must be handled by someone who is not involved in the case. Before deciding how to serve divorce papers, it’s a good idea to make sure your plans comply with government rules.
In most cases, there is no single “right way” to file divorce papers. Most jurisdictions set the rules on service and procedure in their statutory codes, usually providing several options and contingencies. The preference is almost always delivery in hand, but many codes also provide delivery by mail. Service by publication and even service by email may be permitted in some circumstances, but these methods are rarely acceptable as a means of serving divorce papers. Divorce is generally considered to be among the most sensitive cases a court can handle, and accurate and timely service is essential for each party to be treated fairly. While many rules are flexible, they are still rules and not following them exactly can lead to delays and sometimes even administrative fines.
Divorce is usually a matter of state or local interest. In larger countries such as the United States and Canada, the specific rules governing how divorce papers are served are enacted by local authorities. Local regulations are based on national legal schemes, but have been adapted. Smaller countries like the UK typically have only one universal code governing how to file divorce papers.
There are very few jurisdictions that permit personal service by someone who is a litigant. This means that one spouse cannot personally serve the other divorce filing papers, even if the divorce is uncontested. Determining who is authorized to serve newspapers is usually a more difficult investigation.
In some jurisdictions, divorce papers must be served by a court official. Other times, you’ll need to hire a certified process server for the job, while some courts will allow anyone over 18 who isn’t a litigant, such as a neighbor or co-worker, to file divorce papers. Certified mail service may also be acceptable, particularly in cases where the parties reside in different states and have agreed to divorce. It all depends on the court, the rules and the facts of the case.
Most of the time, a court’s rules for serving divorce papers are available, online or in hard copy, from the court where the divorce papers will be filed. It’s a good idea to request a copy of the service’s rules when getting the divorce filing papers in the first place. One benefit of hiring an attorney to handle your divorce is that the attorney then becomes responsible for orchestrating an effective service. Representation is never mandatory in a divorce, but it can be helpful, particularly when it comes to service.
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