What is the best way to serve divorce papers?

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Question:

I want to serve my husband with divorce papers and understand there is more than one way to do this. What is the best way to make sure that he is properly served?

Answer:

It is the petitioner's responsibility to make sure the other party is served. If the respondent was not properly served, he or she may bring that up as an issue which can hinder the divorce process. The court will not proceed until the respondent spouse has received a copy of the summons, the complaint, Notice of Appearance and/or Notice of Hearing. These documents ensure that the respondent has received due process.

The petitioner can properly serve divorce documents by hand delivery, first class or certified mail, or by the local sheriff. If you want to be assured that your husband has the papers in hand, you can simply deliver them yourself and have him sign and date an Acceptance of Service notice that you will afterward submit to the court. If it is not possible for you to hand deliver the papers, you can send them through first class or certified mail; a Certificate of Acknowledgment should be included with the papers and must be returned to the court. If you do not trust the mail system, your remaining choice is to have your local sheriff or process server deliver the papers and get a certified signature as proof.

Talk to a Divorce Lawyer for advice. An experienced attorney can further advise you on your state's requirements regarding divorce documents and service.

This article is provided for informational purposes only. If you need legal advice or representation,
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