Did you know of 1000 Americans, about 2.3% got a divorce? You won’t have to go to court if you want an uncontested divorce.
Still, negotiation can be complex, mainly when children are involved or when you and your spouse disagree on how to divide marital property. What’s more, you may risk getting an economically unbalanced agreement. But who serves divorce papers to make the process as manageable as possible?
Read on to learn about who has the authority to serve your divorce papers.
Local Sheriffs
Local sheriffs are an important part of the process of serving divorce papers. The legal process requires a neutral third party, such as a sheriff or a licensed process server, to deliver the papers to the other spouse.
The local sheriff typically serves the papers if they are available and willing to do so. Sheriffs are usually called when a process server cannot locate the recipient. They are also called if the service area is outside the local court’s jurisdiction.
The sheriff will serve to ensure both parties have the proper paperwork. They are also responsible for letting the recipient know any requirements set forth by the court.
Process Servers
When it comes to filing for divorce, delivering the paperwork as fast as possible is important. The most common way to have divorce papers served is through process servers.
Either spouse can hire one, or a representative of either spouse, to deliver the documents in person. They typically give the recipient a court summons and a copy of the divorce complaint.
They are then tasked with ensuring the paperwork is delivered to the proper person. If the recipient refuses to accept the papers, they must observe the recipient’s refusal and file the appropriate paperwork with the court.
Constables
A constable is an individual given the authority to serve divorce papers. Through a court process, constables carry out this type of service. A constable is usually a law enforcement officer or a retired police officer.
They must have a license in their state and county to deliver such paperwork. After delivering the documents, they will provide a signed notarized proof of service to the court. This is will stand as proof of delivery the court will need later in the divorce case.
Divorce Attorney
Divorce attorneys typically serve divorce papers on behalf of their clients. This is a key element of the divorce process. A divorce attorney handles filing the necessary court documents and serves the papers on their client’s spouse.
Sometimes, the attorney may use a third-party service, such as a process server, to deliver the papers. Additionally, when one spouse cannot be located, the court may issue an order for substituted service, which allows the papers to be served on a friend or relative of the spouse who can’t be located. Start finding a law office to help you get started.
Find the Best Parties Who Serves Divorce Papers Today
Knowing who serves divorce papers is vital. It ensures that the proper initiatives and paperwork are completed and will streamline the process.
In many cases, a third party can serve the papers to prevent potential confrontations between the parties involved, such as a disinterested person or your lawyer. Furthermore, receiving the papers can be an emotional experience, so it is paramount to have a legal team knowledgeable in family law to assist with the process.
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