I am currently going through an uncontested divorce with my husband, does my husband have to serve me the papers?
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I am currently going through an uncontested divorce with my husband, do papers still need to be served to me in order for the divorce to be finalized?
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Answers (1)
Your husband may make a request to have the service of papers waived. By waiving service of summons means that both parties waive the right to a summons. He may notify Martine of the commencement of the action and ask that she waive service of a summons. Waiver of service of process is utilized if a spouse agrees to divorce and is signed after the filing of the petition. Since the petition is voluntary and joint, formal notice of the divorce action from the court is not necessary. There is no waiting period after the waiver of the service is filed. If the defendant does not waive service of process, she must be personally served with the notice of divorce. If the respondent spouse does not comply with a request for waiver made by the plaintiff, costs resulting from effecting service on the defendant are imposed on her unless she shows good cause for failing to do.
Posted by Yara Zakharia on 29 Apr 2010
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