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What Is the Process of Serving My Spouse Divorce Papers?

When a divorce is in the works, one key element of the process is the service of divorce forms to your spouse. Service of process is an essential part of the legal system, because it informs all parties involved what is happening and gives everyone a chance to prepare for their day in court.

Once you have prepared your forms and filed with your courthouse, you will need to serve your spouse the divorce papers as soon as you can. Depending on whether or not your spouse has a lawyer, the process may be a little different.

Options When Serving Your Spouse with a Divorce Petition

  1. You can have your spouse sign a Waiver and Acceptance of Service form. These documents must be signed in the presence of a notary to be admitted in court.
  2. You can set up a personal service with another person. Some people do this by asking the local sheriff’s department to set up the service and some people use private process servers. You can also have a responsible person ”“ a friend or family member ”“ over the age of 18 serve your spouse. If you elect for the last option, you should make sure that the person has no involvement in your divorce proceedings. The person will then bring you a completed return of service form, which you will take to the court.
  3. If your spouse already has an attorney, the attorney may waive service for your spouse and will have to sign a Waiver of Acceptance of Service form and file it with the court.

Call an Experienced Dever Divorce Attorney

The process is usually straightforward. Any questions you have regarding the divorce process should be brought up with your divorce attorney.