If you're planning to get a divorce, the law dictates that you must provide formal notice to your spouse so that they're aware that the legal process has begun. This also applies when you are already involved in a divorce case and you need to file additional papers with the court. The other side must be notified that any paperwork has been submitted, and this is known as a process service. A third party must be used to serve paperwork to either side in order for it to be legal. Here is some more information about a process service and what a process server does.
Who Is A Process Server?
Technically, a process server can be anyone 18 years of age or older who is not a party in the case. This can be anyone from a friend, relative, or coworker to the local sheriff. There are also professional process servers who are hired specifically to serve legal paperwork. If the person serving court paperwork is not familiar with your spouse, they may be shown a photo so they are positive they're delivering the paperwork to the correct person. The server may also need to know where your spouse works or frequents in order to deliver the paperwork by hand and in person.
How Does Process Service Work?
After you've correctly filed paperwork with the courts, the judge will give a set date that the papers must be served to the other party. This information must be handed over to your spouse within the proper time frame, so make sure you're able to find someone who can get it to them quickly. The process server will also need to complete a "proof of service" form that shows who was served, when the paperwork was given, where the other party was, and verify that it was delivered to the correct person. This proof is then filed with the court so that they're aware the information has been delivered and an official divorce court date can be set.
What If My Spouse Refuses?
Divorce is certainly never an easy process to go through, and it can be devastating to both sides. If your spouse does not want a divorce, they may refuse to accept the court case paperwork. In cases like this, the court service is still valid even if the server approaches them and they resist delivery. Your spouse can throw the papers on the ground in anger or even tear them up into tiny pieces, but as long as the process server has officially handed the paperwork to the other party, the information is still legally valid. There is no required signature on their part so as long as the other party is aware of the scheduled court date, the divorce proceedings can begin. Contact a company like In Focus Investigations for more information.Share