If you’ve decided that you want to get a divorce, then you might be wondering how you can serve divorce papers to your spouse. If you are planning on getting a divorce, then you are required to give notice of the action to the other party. The due process clauses in the Constitution requires the defendant to have notice of any legal proceedings and the right to be heard. Since this is the case, then divorce proceedings mean that the defendant must be served with divorce papers.
Serving divorce papers must be done properly before a court can hear the case and grant a divorce. You are responsible for serving your spouse, not the court. There are a few ways that you can serve divorce papers though, one of the most popular ways is by hiring a sheriff or someone like this process server colorado springs to deliver your divorce petition. This makes things a lot easier for you, particularly if you know that the other party will be slightly resistant to signing something like this.
What is a Divorce Process Server?
A professional process server is someone who delivers the papers in a court case. They are trained to deal with difficult people, which means that if you know that your soon-to-be ex-partner will be resistant to signing the papers, then they can deal with that. They are also good for locating people who try to avoid these sorts of services, particularly when you compare it to if a friend just tried to do it for you. By using a professional though, it also means that they know exactly what they can and can’t do.
Each state has different requirements and you have to make sure that the state’s rules are followed – which is something that a process server would do anyway. In a divorce, a process server serves the summons, complaint or petition. However, it doesn’t just stop there, they can also provide services such as surveillance and locating people who have been missing for a long time. If you suspect your spouse of cheating on you, then surveillance might be a good help as you can use any evidence found in your divorce case.
Why is Using a Process Server Important in Divorce Cases?
When it comes to divorce, it’s a lot better to involve the services of a process server as they can make the whole process go a lot smoother. Divorce is often a tricky thing because it involves people who are emotionally charged and people who may want to avoid service. It can be an incredibly sensitive time; however, a process server knows how to handle these sorts of situations. They know what will work and what to do when people are being difficult.
Often, some process servers will contact people to arrange serving them at home, so that they are not embarrassed at work. They know how to get difficult people served. You or your friends or family probably don’t even know how to serve people properly, whereas a process server knows what to do, so improper service doesn’t happen. This is particularly useful when you have an uncooperative defendant, a process server will know alternate methods of serving divorce papers, so it will at least get sorted.
How are Divorce Papers Served?
The best and most popular form of service is personal service – which is in hand delivery. The reason that this is one of the most popular forms of service, is because it is hard to challenge in court. Also, though, in many states personal services has to be attempted many times before other methods of service are used. If personal service doesn’t work then you could look to leaving the papers with someone of a suitable age at the defendant’s hour or work, some states allow the papers to be attached to the door with a copy mailed to the last known address.
If this doesn’t work, then some states permit certified mail with return receipt or you can get a publication in a newspaper. The issue with a newspaper though is that this is an expensive thing as it has to be done over several weeks and does not guarantee the defendant noticing it. Your divorce action is important to you and service must be done to start the action. A process server will get the job done and will get it done correctly. If it is not done correctly then you will be back to square one. Getting a divorce is already difficult enough, so why not make your life easier by just hiring a process server? If you are thinking of getting a divorce but aren’t sure how to get out of your relationship, then you can just check out this article here.