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Can I give my spouse our divorce documents or do I have to set a process server?

Question:

Can I give my spouse our divorce documents or do I have to set someone to deliver them?

Answer:

In all states in which the spouse asks for divorce, divorce pancing (or a complaint) must submit to the local Court and the full "process of the process" by receiving the responding spouse copies of the divorce papers. The provision of your spouse of divorce is essential: If you do not use your spouse, the court can not issue any orders and can ultimately reject your case.

Many spouses are wondering if they can issue their spouses to the divorce paper. In most states, the answer is no, they can not deliver their own divorce papers. As a rule, you have to put a third person - someone who is not involved in the divorce case to serve your spouse.

For example, in California, the person serving a divorce complaint is referred to as "server" or "process server". However, you do not necessarily have to set a professional process server. The server can be:

  • a friend, relative or colleagues
  • a county sheriff or marshal
  • a professional process server or
  • Everyone over 18 who is not part of the divorce case.

In all cases, the server must:

  • 18 years old or older
  • not a party in case
  • serve the paperwork in the required time in your spouse
  • fill out a proof of the service form that will tell the court, when, where and how and
  • Add the service security certificate to you so that you can submit it with the Court (or submit it for you).

If you and your spouse have already discussed your divorce, and you plan to work together in your case, you may be able to work out an agreement for your spouse to accept the Turorce petition and from a shared friend, relative, or someone else you know. If so, you can agree some time and place for the third person to serve your spouse. This is often a much better option than jumping someone from the bushes and to surprise their spouse at work or at another public place, creating embarrassment and resentment.

You can also ask your spouse to accept the complaint and charge by mail. If your spouse agrees, the server can email the documents with a "communication of the confirmation and receipt" (noa) in which your spouse is a form that your spouse has to complete, sign and return to your server. Noa tells the court that its spouse received the divorce paper. The server must then submit the service value and NOA with the Court.

If your spouse is very controversial or does not match divorce - or if you no longer communicate - you probably need to set a professional server to deliver the paperwork. If you already work with a lawyer, your lawyer can recommend a process server and make sure your documents are properly submitted and served. If not, you may want to ask a local court cremor, a family court service, a court self-help and a local lawyer sketch or a local lawyer's sketchy for more information on serving your spouse or for a recommendation. The process server calculates a fee - usually between 100 and 300 US dollars - depending on the number of trials and work involved in the search for your spouse.

You must release the server with the last known address of your spouse, a work address, and the address of other places of your spouse, such as a gym or community club.You should also specify a few current pictures, so the process meets, ie the process meets your spouse. As soon as your spouse is operated, the process server creates a "certificate of service" that must be submitted to the Court.

A process server usually makes between three and five trials. If your spouse is difficult or to find yourself or hide and hide the service, you may need to ask a court to enable you to operate your spouse of Publication - in which you post a message of divorce in a local newspaper .

.

Your spouse serves, can only take one attempt, or it can take weeks what you cost time, stress and money. In many divorce cases, it can be a good idea to find a way to find a convenient way to serve your spouse so that your spouse is not blind from the divorce or is picked up by a stranger from a stranger trying to deliver the bad news.

On the other hand, if you already know that your spouse accepts no service, or you have special reasons to maintain the divorce from your spouse can give you a professional process server as soon as you are ready to keep your petition ready.

If you have any questions, contact a lawyer at the family lawyer.

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