How does a person get served divorce papers?
After you file for divorce, a copy of the summons and complaint (and anything else you filed) must be hand-delivered to your spouse (the “Defendant”). This is called "service of process." The Court does not serve the papers for you. It is up to YOU to make sure your spouse gets served.
Can you file for divorce through the mail?
You can make efforts to find your spouse either before or after you file your case, or both. You should mail the divorce papers (Complaint, Summons, and Notice of Initial Hearing) to your spouse's last known address after you file the case, both certified mail/return receipt and regular mail.
Can you be served divorce papers in jail?
Regardless of the grounds the innocent spouse pursues for divorce, inmates have the right of service of process and can receive divorce papers in prison. If the incarcerated spouse does not object to the divorce, he or she may simply agree in writing and start the filing process.
What happens if you never get served divorce papers?
If you were not served, then you can move to set aside the default and force her to start over. If the only issue you are concerned over is custody and visitation, then you can just file a motion to modify custody and visitation.
Can you serve someone divorce papers in jail?
Serving the Divorce Papers Serving someone who is in prison is not complicated, but you need to make sure it is done right. The sheriff's office or a process server, depending on which service you use, may need to go to the prison and inform the staff that they are serving an inmate with legal documents.
Why do divorce papers have to be served by someone else?
Providing your spouse notice of the divorce is essential: if you don't serve your spouse, the court can't issue any orders and can ultimately dismiss your case. Many spouses wonder if they can just hand their spouses the divorce paperwork. In most states, the answer is no, you may not deliver your own divorce papers.
Can you serve papers to a family member?
Family members and significant others (boyfriends/girlfriends) cannot serve the documents. You can ask a neutral person to serve the documents, or you can hire the sheriff or a private process service to serve the documents for a fee.
Do you need a reason for a divorce?
You need to choose a "grounds" (legal reason) for your divorce. One grounds for getting divorced is that you simply do not get along with your spouse anymore and you do not want to be married. You can always get a divorce if you want one, no matter what your situation is.