If you are thinking of filing for divorce, one of the things that you may be worried about is your spouse being served with the papers. The “how” and “when” of the service can be a real worry.
There are different ways that your spouse can get the papers:
- It can be done by certified mail.
- It can be done with a process server.
- It can be done by a constable.
- You can give the papers to your spouse, and request that s/he sign a waiver to acknowledge the receipt of the paperwork and allow the case to proceed as an uncontested case.
Some of the ways listed above are more formal than others and the expense for each type of service varies. For instance, handing the papers to your spouse personally may be easier for him/her emotionally than getting officially served. But, it can also make it impossible to prove when and where the papers were received, which can hold up the proceedings and require formal service later on. Taking a chance on delay may not be an option if you need temporary child support and need to take the quickest road to case progress.
Explain your situation thoroughly to your attorney. Your attorney will look at the total situation- the emotional aspect, the financial aspect, and the timing of the case.
In situations where there is abuse, physical or emotional, it is important to pay attention to the timing and method of service. When a professional process server is used, there can be more control over where the party is served. If the person is trying to hide and avoid service the professional process server will work diligently to make sure that service happens.
Kalish Law Office – Family Law, Divorce, Child Support, Custody, Modification. Since 1984. “Passionate, Professional & Personal. We Make the Difference.” Contact us. And check out our monthly special for new clients on our home page.