Serving Divorce Papers

It is important that the court acquires jurisdiction over the persons of the defendant and the plaintiff or the petitioner. Jurisdiction over the person of the defendant is acquired upon the proper service of summons. “If service isn’t proper, you’ll have to start all over again,” explains attorney Kinsler.

Attorney Toby Kinsler answers your questions on serving divorce papers. He discusses with Anthony Karls why we must serve divorce papers or “give notice.” Attorney Kinsler also explains the recommended process for serving divorce papers.

Any family law action is actually a civil suite. What you’re suing for, is the right to have a divorce, or the right to get custody or placement, or the right to a legal separation. It is a civil lawsuit, so you must follow the rules of civil procedure. One of the most important steps in this process is notice. You are giving, or getting notice, that you are being sued.

“You have a right to know that someone is suing you for something,” explains attorney Kinsler. “If service isn’t proper, you’ll have to start all over again.” This is why it is important to know the right way to serve divorce papers.

Options for Serving Divorce Papers

  • Service by Mail
  • Service by Publication
  • The Best Way to Serve Anyone is Personal Service. This can be done either by Civil Process Server (Recommended), or by the Sheriff.

In order for service to be free of issues, at Sterling Lawyers we always use a civil process server to make sure the person is personally served and we have admission of service signed.

We make it a matter of practice to serve people in person using a civil process server. It doesn’t have to be embarrassing for the individual when done right. There is enough tension in family law. Our attorneys will work with a conscientious civil process server in order to avoid injecting unnecessary conflict into the process.

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