When an individual or couple decides to file for divorce, they must fill out many forms and file them with the divorce courts. In addition, their spouse must be served with the divorce petition. It is in fact, not as simple as handing them the paperwork. There must be legal proof that the spouse was served with the divorce petition, as well as the other paperwork that is required throughout the process.
Only several methods exist in which a spouse can be legally served a divorce petition. Once an individual has filed a divorce application with the courts, they will be notified about the acceptable ways to serve the papers to their spouse. However, some spouses come to a mutual decision about getting a divorce and may file for a divorce petition together. In either case, there must be proof that both spouses are aware of the divorce petition.
Once a spouse has filed a divorce application, they must find the most convenient and acceptable manner in which to have their spouse served with the papers. When individuals file a divorce application, the courts will likely advise them on their choices for serving the divorce petition to their spouse. Spouses may have an adult serve the papers, as long as they get a signature attesting to the fact that the person received the papers.
In addition, the divorce petition may be mailed through first-class mail, with a return receipt that proves the intended person did in fact receive the papers. An even better option is to mail the papers through certified mail with a return receipt, which is signed and mailed back to the person that sent the papers. In either case, the receiver is responsible for providing proof that he/she received the papers. In some cases, that may not be an effective way to serve the papers, especially if the other person does not want to get divorced, and has decided to ignore all correspondence. In that case, the divorce petition can be served by a process sever.
In fact, a process server provides the proof that the person received the documents and no signature is required from the person that the documents were intended for. If those options do not work for an individual, they may publish their petition for divorce in local newspapers where their spouse is thought to reside. That is in fact, the best option for individuals that do not have an exact current address for their spouse.
Individuals that have decided to file a divorce application should be sure that they are fully aware of all legal procedures that must follow the application. They will want to be sure that their application for divorce is filed with the courts in the appropriate manner. In addition, they will want to be sure to have legally acceptable proof that their spouse was served with all required documentation that relates to the divorce.