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Service can take place in one of two ways. A third party, such as a private process server or the sheriff, may hand deliver the Summons and Petition to your spouse. The third party signs a notarized document called an Affidavit of Personal Service saying that he or she served the Respondent.
The court will usually post the petition to your spouse at the address you have provided in the petition. If service by post is unsuccessful and your spouse either does not receive or does not acknowledge receipt of your petition, then you can request that a court bailiff serve the documents on your spouse personally.
The spouse who has been served with the divorce/dissolution petition is called the "respondent" or "defendant" in the divorce/dissolution process. He or she must respond to ("answer") the petition within a certain time (usually about three weeks).
A Petition for Dissolution of Marriage is a type of court document that is used for initiating a divorce proceeding.It also informs the courts of potential issues that might be a factor in the divorce proceedings, such as spousal support, child custody, and other factors.
When one spouse in California files a petition for divorce, the other spouse must be formally served with papers.When a spouse doesn't respond to a divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about property division, support, and child custody.
Step 1: Give a hard copy of the court documents, the Divorce Service Kit and your spouse's address to your server. Step 2: The person who serves the divorce documents must complete the Affidavit of Service by Hand (Divorce) Step 3: File your Proof of Service.
How do I serve the divorce complaint on my spouse in Minnesota? The easiest way to serve your spouse is to use a private process server, the sheriff's department, or have anyone that is over 18 and not an interested party to the case give your spouse the documents.
If you don't agree with the details of a divorce, you can defend it. Once you have returned your acknowledgement of service form, you have a further 21 days to explain why you are defending the divorce. This is called giving an answer. It will involve a court hearing so you should contact a solicitor immediately.
Using a Process Server to Serve Divorce PapersYou may use a: Friend. Relative. Coworker. County sheriff or marshal.