| Serving the Divorce Papers On Your Spouse |
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by: Children's Law Center
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| Q. | What do I do after I file my divorce papers with the court? |
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| A. | You must serve a copy of the Summons and the Complaint on your spouse.
There are two ways you can serve the papers:
- Personal service (hand-delivery) OR
- Certified mail, return receipt requested.
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| Q. | Who can hand-deliver the papers to my spouse? |
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| A. | Anyone 18 or older can hand the papers to your spouse.
- It can be a family member or a friend.
- You can also hire a professional process server.
- It cannot be you.
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| Q. | Can I give the papers to my spouse? |
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| A. | No. You cannot do it. It must be another adult. |
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| Q. |
Can the papers be
given to someone other than my spouse, like my spouse's mother?
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| A. |
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The papers have to be
given to your spouse directly, not to someone else.
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There is one exception.
You can give the papers to someone "of suitable age and discretion"
who lives in the same home with your spouse. You will have to be able
to convince the judge that your spouse lives with this other person.
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| Q. |
Can the
papers be given to someone at my spouse's job, like a receptionist or
co-worker or boss?
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| A. |
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No. The only
other person who can accept the papers for your spouse is someone
he/she actually lives with.
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The only exception
is if your spouse has specifically authorized someone else to accept
the papers on his/her behalf.
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| Q. |
Where can my spouse
be given the papers?
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| A. |
The papers can be
delivered to your spouse anywhere that you can find him or her -- at home,
at work, on the street, at a friend's house, at the gas station.
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| Q. |
What if my spouse won't accept the
papers?
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| A. |
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If the person delivering the
papers tries to hand them to your spouse but your spouse won't take
them, it is probably good enough to drop the papers at your spouse's
feet.
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But if the person delivering the
papers can't get in to see your spouse face to face, you will have to
keep trying.
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| Q. |
What is "certified
mail, return receipt requested"?
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| A. |
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Certified mail
means that the Post Office gives you a slip that proves that you
mailed a letter.
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A "return receipt"
is a green postcard that the Post Office attaches to the letter that
the recipient must sign to show that he or she got the letter. The
Post Office mails the green card back to you.
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Be sure you keep
the certified mail slip and the green card.
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| Q. | Who can mail the papers? |
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| A. | You can mail the papers yourself. |
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| Q. | What address can I mail the papers to? |
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| A. | You can mail the papers to any address where you think your spouse will receive and sign for them (for example, home or work).
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| Q. |
Can the return
receipt (green card) be signed for by someone other than my spouse?
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| A. |
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No. The
green card has to be signed by your spouse.
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There is one
exception. The green card can be signed for by someone "of suitable
age and discretion" who lives in the same home with your spouse.
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You will have to
be able to convince the judge that your spouse lives with this other
person.
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| Q. |
What if my spouse
won't sign and the papers come back to me?
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| A. |
You will have to keep
trying. You may want to try personal
service.
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| Q. | Which way is better, personal service or certified mail/return receipt? |
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| A. | They are both permissible. Which one will work better for you depends on your situation. You can try both methods at the same time. |
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| Q. | How long do I have to serve the papers? |
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| A. |
- You have 60 days from the day you file your divorce papers to serve your spouse.
- If you are not able to serve within that time, you can go back to the Family Court Intake Center before the 60 days are up. They will give you a new Summons and you will get an additional 60 days.
- If you need more time after that, you will have to file a written request for more time and a judge will have to approve it.
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| Q. |
What if I can't find
my spouse?
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| A. |
Read the section on Serving
the Divorce Papers If You Can't Find Your Spouse.
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| Q. | What do I do after I have served the papers on my spouse? |
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| A. | Read the section on Filing Proof of Service in a Divorce Case to find out what to do next. |
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