What You Need to Know About Serving Divorce Papers

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Last Will and Testament: The Benefits of Estate Planning

After I had an accident and had to spend some time in the hospital, I decided that it was time to make a will and do some estate planning. After all, you never know what is around the corner, and I would hate for a family member to miss out on inheriting from me if I were to suddenly pass away. I worked with a lawyer to draft a will. We then discussed the various ways I could arrange my estate. I had been worried that I wouldn’t understand the different legal terms, but my lawyer took the time to carefully explain them. I am now much happier knowing that everything is in place. I decided to set up this blog to offer tips to other people who are in the process of planning their estate.


What You Need to Know About Serving Divorce Papers

29 June 2021
 Categories: Law, Blog

If your marriage has irretrievably broken down, divorce may seem to be the only option. If both parties are in full agreement, then the process does not need to be onerous. However, before it can proceed, you will need to prove that the other party (your husband or wife) is fully aware of what's going on. How can you prove this, and what happens if the process gets difficult?

Simplest Solution

It is much easier if both parties can sign the relevant documentation when an application is made to the court for dissolution. This joint application is straightforward, and the court will proceed with the process without any undue delay.

Sole Applications

It may not be possible for the other party to be a signatory to the application for one reason or another. In this case, you can apply to the court yourself, but you will need to "serve" the relevant documents to your husband or wife. If you don't want to do this yourself or are unable, you can ask a friend or get a professional process server to do it for you. When they have served the document, they will need to sign an affidavit to acknowledge that they've done so. You can then file this with the court to initiate proceedings.

Alternative Approach

If you know where your husband or wife is and things are amicable between you, you can actually post the application to them through the mail. Once they have signed this and sent it back to you, you can attach it with the affidavit proving signature and send it to the court.

When Difficulties Arise

Unfortunately, your husband or wife may not be a willing participant and may try to avoid service so that they do not have to deal with the situation. In this case, it is definitely a good idea to get a professional process server involved as they are more used to the challenges involved.

It may be possible to ask the court to allow you to go forward with a "substituted" service. You may then send the details via email to a valid address and show that you have done so. In the most challenging scenario, the court may allow you to dispense with service altogether if you can prove that you have made all reasonable attempts to get in touch with them and provide evidence to back this up.

Your Best Solution

If your situation is anything other than straightforward, get in touch with a professional server. They'll advise you what to do next and do their best to serve the papers as expeditiously as possible. Contact a divorce paper server for more information.