QUESTION: I DIDN'T TELL MY SPOUSE I WAS FILING FOR DIVORCE. HOW WILL THEY LEARN OF THE CASE?
ANSWER: THE PETITION WILL BE SERVED ON YOUR SPOUSE
Once the Petition for divorce is filed with the Court, the non-filing spouse (Respondent) must receive service of process of the Petition. This means the Respondent must “officially” receive a copy of the Petition. The service of process of the Petition is very important. As with most things, there is an easy way and a hard way for the other party to get their official copy of the Petition.
In the “easy” method, the Respondent spouse signs a document called a Waiver of Service acknowledging they have received a copy of the Petition. This waiver must be filed with the Court. The best thing about this method is there is no fee associated with it.
The more difficult way to serve someone with divorce papers is to have the Sheriff's Department, or a person specially appointed by the Court, deliver the papers to your spouse. There will be a fee associated with delivering the papers in this way, charged by the person delivering the papers.
Call or email today with any questions!
Ann Littell Mills
Courtney & Mills, LLC