In a contentious divorce, there is sometimes a race to get papers served. Each spouse may want to serve first, in order to establish the divorce jurisdiction or to be the first to claim fault in the divorce. In cases where each spouse lives in a different state, serving the divorce papers has unique challenges, since you need to make sure that you serve the papers correctly according to the legal document service laws of both your home state and the other state.
Agent for Service of Process
An agent for service of process, or a process server, is someone who serves legal papers. In some states, such as California, any adult other than you can serve the necessary documents. In other states, you must find a licensed, registered or bonded process server to serve the divorce papers on your spouse. Service of documents is a legal term that means delivering the papers in a way that is approved by the court.
In some cases, you can simply mail the documents by registered mail, but others require personal service, which means that a person must hand your spouse the papers in order for the service to be valid in the eyes of the court. If your spouse is not served appropriately, he or she may be able to contest the service of the documents in court. This can prevent you from establishing jurisdiction, and can lead to expensive jurisdictional hearings in both states.
Do You Need a Process Server?
To find out if you need a process server when you are serving divorce papers out-of-state, you have multiple sources of information. Try these options to find out the procedures in the other state:
- Check with the destination state's court system – Find the family court that is most local to your spouse's location, and ask for the legal aid department. The legal aid department should be able to tell you about the service rules that apply to that state.
- Contact a divorce lawyer in the other state, and ask about the local legal document service laws.
- Look up the rules of Civil Procedure for the state yourself – If you are not familiar with the legal process and researching legal information, it is probably best to get advice from a lawyer.
- If you have a local divorce attorney already, he or she can also help you find information about serving out-of-state divorce documents.
This article is intended to be used for general information purposes only, and is not legal advice. Please see an attorney for information about your specific circumstances. Need some help? Read also Finding the Best Divorce Attorney Before Filing for Divorce and How to Find the Best Divorce Lawyer for Your Family Law Situation.
Victoria Nicks - Victoria Nicks has a Master's Degree in IT, and extensive hands-on experience with various types of hardware and software.
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