Neville J. Bedford Attorney at Law | Neville J. Bedford
A common misconception is that something "must be signed" regarding divorce papers. In short, a complaint for divorce must be lodged with your local family court, then service is controlled by rule of court and it is specified that a "disinterested person of competent age" may perform service of process. As you are not a "disinterested" party being the litigant, service must be performed by someone else - usually a constable. If you can afford a private lawyer, seek one you like. If you cannot afford private counsel, seek the assitance of your local legal services organization.
Answer Applies to: Rhode Island
John E. Kirchner, Attorney at Law | John Kirchner
You can request that service be accomplished by the local county sheriff's office or by a private process server. Private process servers can be found in the yellow pages or online. Both you and your spouse need to understand that "service" is simply a means of guaranteeing that the other party has "notice" of the legal proceedings. If is required in every judicial proceedings and it has nothing to do with "consent" to the divorce.
Answer Applies to: Colorado
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
In Alabama, the method of In-State Service is provided in Rule 4.1 of the Alabama Rules of Civil Procedure. If the method must be by publication Rule 4.3 applies. Service may be made by a process server or by certified mail. Upon filing the complaint with the Court Clerk's office you will be asked how you wish to serve the complaint. Unless otherwise requested or permitted by the rule, service will be by a process server (usually a sheriff's deputy). You may also name an individual to name a process server and if he or she meets the age and capacity requirements, then they may serve the papers. If their is a failure of service or the whereabouts of the person served is unknown then the server may make endorsement of the fact and service may be made by publication. Since many details are involved please contact a licensed attorney or review the Alabama Rules of Civil Procedure.
Answer Applies to: Alabama
Law Office of Michael W. Bugni | Jay W. Neff
The best way to serve your spouse with divorce papers is to hire a professional process server to do it. If there is ever a question about whether the service was done properly, the court is less likely to be suspicious of a professional that some unknown. The second choice is to have a friend who is not a party to the action do the service. That person would have to properly complete and file a declaration of service. If you are asking if you can personally to the serving, the answer is "no." No one who is a party to an action can do "service" in the action.
Answer Applies to: Washington
Law Office of Roianne H. Conner | Roianne Houlton Conner
A petition for divorce would be filed in the Clerk's Office in the county in which you live. The petition would be served on your spouse by either a private process server or a sheriff's deputy. Then in 30 days if the spouse has not answered by filing in the Clerk's Office the Court can set a hearing for the divorce.
Answer Applies to: Alabama
ROWE LAW FIRM | Jeffrey S. Wittenbrink
You do not need your spouse's consent to a divorce. If the sheriff is unsuccessful in serving your spouse, you may file a motion for the court to allow you to hire a private process server to track him/her down and serve him.
Answer Applies to: Louisiana
Law Offices of Arlene D. Kock | Arlene D. Kock
The best way to ensure proper service is personal service. The person serving the papers must be over the age of 18 and not a party to the action. Best solution is securing a professional process server to correctly serve your spouse.
Answer Applies to: California
Donaldson Stewart, PC | Monica H. Donaldson Stewart
You don't need your spouse's consent to proceed with the divorce - once you have filed, you can have the papers delivered to him by a private process server. This will "start the clock" on the divorce, and although he can make the process difficult and unpleasant, he cannot prevent you from divorcing him.
Answer Applies to: Arizona
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Although there are multiple ways, allow me to suggest using a private constable to hand the documents to him and then fill out an Affidavit of Service that you can file with the court.
Answer Applies to: Pennsylvania
Law Office Of Jody A. Miller | Jody A. Miller
Yes, you can file your case and have the sheriff serve him; you don't need his consent or signature. I strongly recommend, unless you know how to properly draft and file the papers, have him served, go through mediation, understand all of the law regarding a divorce situation, know the rules of evidence and how to present your case in court, that you hire an attorney.
Answer Applies to: Georgia
Ashman Law Office | Glen Edward Ashman
No divorce should be done without a lawyer. One where the other side won't sign is contested and that makes a lawyer even more necessary. Depending on details you omitted the lawyer may use the sheriff or a private process server.
Answer Applies to: Georgia
Edward Papa, Esq. | Edward Papa
You can have an adult friend or family member serve him or use a process server. The process server will make multiple attempts and file the affidavit of service for a reasonable fee. I would like to stress that while it is possible to proceed without an attorney it is not the best option.
Answer Applies to: New York