Service of Process for a Divorce Complaint

Once the divorce complaint has been filed, it must be served on the defendant. This notifies the defendant that a legal action has been taken against him or her. The plaintiff is legally required to ensure the defendant is properly served a copy of the filed divorce complaint and the divorce summons. This is known as service of process (1).

The Divorce Summons

The legal document by which the court asserts its jurisdiction is generally referred to as “process.” Usually a summons acts as the process document for a divorce case (2). A summons informs the defendant that there has been a legal action taken against him or her. In a divorce case, the court issues the summons to the plaintiff after filing the divorce complaint. The plaintiff must then complete the summons and serve it upon the defendant along with a copy of the divorce complaint. One may wish to consult a divorce attorney to assist in completing the divorce summons (1).

Service of Process Methods for a Divorce

Each jurisdiction has its own rules regarding the proper method for service of process in a divorce. The most common method is by personal service. This means that the plaintiff serves the defendant by personally delivering the divorce papers. The plaintiff's attorney may also serve the divorce complaint and summons on the plaintiff's behalf. Some jurisdictions allow service by leaving the divorce documents at the defendant's place of residence. Most states require the documents be left with a competent adult. Usually, the service must be made by an adult who is not a party to the divorce action. Some states allow service via certified mail. For an out-of-state defendant, most states allow service to be made by a nonresident by the same methods normally available in the defendant's home state. However, due to the wide variety of rules of each state, it is advisable to consult a divorce attorney to ensure the proper method for service of process (1).

Proof of Service in a Divorce Case

After serving the defendant, the plaintiff must certify when, where, and how service of the divorce documents was performed. This is referred to as proof of service. This documentation serves as evidence that the defendant had indeed been served the divorce complaint and summons. The proof of service may be located on the back of the court-issued summons or it may be drafted as a separate document (1).

If you are the plaintiff, you may be able to perform service of process on your own. However, you should contact your local family or divorce court division to ensure you are following the proper procedure. You may also consider consulting a divorce lawyer for assistance. Once service of process has been completed the next step in the divorce process is the defendant's response.

Sources:

(1) Family Law for Paralegals by J. Shoshanna Ehrlich, published in 2005.
(2) The Free Dictionary: Service of Process: http://legal-dictionary.thefreedictionary.com/Service+of+Process