![]() Once your spouse signs this document and returns it to your divorce lawyer, service has taken place and the clock starts ticking on your spouse's response. Service of divorce papers can also take place by mail so long as your spouse signs a document called a notice and acknowledgement of receipt. How to serve divorce papers? "What" you should serve can be as important as the "how" ![]() While certain cases are clearly not appropriate for this type of discussion, including cases of serious domestic violence, child abuse (or being falsely accused of child abuse before the divorce starts) or even those that involve serious alcohol or drug abuse, if you and your spouse do not have any of these issues and you expect the divorce to be amicable, personal service of a divorce petition may cause friction that can be avoided through other means. What financial arrangements can be made between you and your spouse to ease the burden of a divorce on each of you.What may happen with the custody of the children in the family law case and whether the two of you can come to an agreement and,.Whether you and your spouse will continue to live together or one of you will move out during the divorce,.What are these core issues? They include: If circumstances such as these do not exist, then you and your divorce attorney should discuss whether personal service will upset the other spouse or make him or her feel that you have unfairly started a divorce process without communicating with him or her or without even first attempting to reach some resolution on core family issues. These circumstances include situations where there's a reasonable belief that the other spouse will evade service, where immediate service is necessary because immediate orders such as child custody and visitation, child support and spousal support or other protective orders need to be sought, or where there is an urgency because the other spouse may immediately file a divorce action in another jurisdiction, such as another county or state. How to serve divorce papers? Is personal service the best choice?Ĭertain circumstances do make personal service of divorce papers through a register process service the best choice. While it is correct that personal service of divorce papers is one option, our divorce lawyers also believe that time should be spent to discuss options especially so the service process does not unnecessarily cause friction or result in a start to a divorce case wrought with anger or hostility. You may even ask yourself why an article is necessary for something so simple when every divorce paper should simply be personally served on a spouse. You may think the answer to the question of how to serve divorce papers is an easy one. Take serving divorce papers seriously because the court does
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