Serving your spouse with divorce papers means presenting your spouse with documents that notify him or her that you have filed a divorce petition with a court. These documents also contain details about the various things you want from the divorce.
Filing A Divorce Petition
A petition is a document that contains details about your marriage. For example, you may include your name and that of your spouse, names of children if you have any, a list of separate property and marital property, where you stand with child custody and property settlement, whether you want spousal support, etc.
Seek the help of a divorce lawyer and ensure that he or she has experience in divorces that are one-sided and that relate to the reason you are divorcing your spouse. For example, if your spouse cheated on you, hire a divorce lawyer who handles divorce cases involving cheating. Likewise, if your spouse abuses you, hire a divorce lawyer who handles cases involving spousal abuse.
Serving Divorce Papers
This comes after you have filed a divorce petition with the court. As indicated above, this is a way of notifying your spouse that you have filed for a petition. Your lawyer may tell you that it is not recommended to serve your spouse divorce papers personally because a lot can go wrong.
Instead, you are expected to use services like the following:
Acceptance of service
In this case, you are expected to look for a competent individual above the age of 18. This person is tasked with the responsibility of delivering the divorce papers to your spouse. Divorce papers are usually delivered alongside an acceptance of service document that should be signed as proof of receipt.
Service by Sheriff
You may come across a sheriff who offers services like delivering divorce papers to your spouse; the sheriff's office is located in a courthouse. Once delivered, your spouse is expected to sign a proof of service form that needs to be filed with the court.
Your lawyer will advise you accordingly and recommend the most suitable method.
Court Hearing
If you are the spouse being served with divorce papers, hire a lawyer as soon as you are served. Let your lawyer read the divorce papers and explain everything to you clearly.
If you agree with your spouse's demands, you can file an answer with the court that you agree, at which point you won't require a court hearing; this can save you money and stress. If you do not agree with your spouse's demands, you may file an answer with the court that you disagree. The court sets a date for a court hearing, where the judge will make a ruling based on what your lawyers present.
Contact a professional if you need to serve divorce papers.
Share4 February 2021
I work as a counsellor for couples going through a divorce. Obviously this is an emotional time and it is often a miracle that I manage to coax the former partners into the same room. There are two themes which occur regularly in my work. The first is that my clients often confess to throwing plates at each other. The second is the amount of money the divorce is costing because they cannot come to an agreement. Over the years, I have learnt that satisfied divorcees spend more time getting legal advice and making sound financial decisions than throwing crockery. In the course of my work, I have gained a considerable understanding of legal issues related to divorce. I share this blog in the hope that this knowledge will help you make sound decisions that lead to future happiness. I wish you all the best.