Do you have to file divorce papers in person?

Do you have to file divorce papers in person?

Answer: In all states, the spouse asking for a divorce must file a divorce petition (or complaint) with the local court and complete “service of process,” by making sure the responding spouse receives copies of the divorce paperwork. In most states, the answer is no, you may not deliver your own divorce papers.

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.

What happens after you file a counter petition in a divorce?

The answer is: filing a Counter-Petition for Dissolution of Marriage protects you from having your case dismissed even when you still want to get a divorce. As a result, as long as you file a Counter-Petition, your case will not be dismissed even if your spouse decides he or she wants to dismiss your case.

What do you say when serving court papers?

Tell the server to: Give the papers to a responsible adult where the Defendant lives, or to someone in charge where the Defendant works. Say, “These are court papers.” Then, mail (first-class) a copy of the papers to the Defendant at the same address where s/he left the papers.