What Is the Best Way to Give Proper Notice of Divorce?

It is important to give someone proper notice of a legal action. If proper notice is not applied, a judge cannot have proper personal jurisdiction over a party. The best way to provide proper notice is in person. You can also pay a sheriff to notify someone through a summons. However, if your spouse is in jail the process of notifying them would be a little different.

However, if you cannot give someone a notice of divorce in person because you cannot reach them but you are aware of them being within a certain state or county, you can publish the summons in a newspaper that is easily accessible.

In the case of Emery v. Emery, 124 Wis.2d 613, 369 N.W.2d 728 (1985), a judge believed that if someone tells another he plans to come back to Wisconsin, and the moving around is only temporarily, it can be conceived posting a summons in a county publication is considered enough notice for personal jurisdiction.


References: Emery v. Emery, 124 Wis.2d 613, 369 N.W.2d 728 (1985)


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