Would I still get a divorce if my husband denies he was served? 19 Answers as of May 14, 2013

I filed for a divorce end of March 2013 and a day after served my husband personally outside without any witness. It has only been 2 weeks now and I asked him and he denied that he received any papers.

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Derek L. Hall, PLLC | Derek L. Hall
If you hired a process server to serve him, the process server should have given you a summons return, notarized, to be filed with the court. If that procedure is followed and your husband is denying that he has been served, then you can call the process server as a witness and have him/her testify. If you did not use a process server and you attempted to serve him yourself, save yourself future headaches by hiring a process server and have him reserved.
Answer Applies to: Mississippi
Replied: 5/14/2013
Law Office of Brent R. Chipman
Law Office of Brent R. Chipman | Brent R. Chipman
A party to a divorce proceeding (you) cannot serve the other party with the summons and complaint. Anyone over the age of 18 can serve papers if they are not an interested party. When service is made, the person serving the papers files an Affidavit of Service with the court. With the service in the file, you can obtain a default if the other party does not respond within the prescribed time limit (usually 20 days). You will need to have someone else serve the paperwork.
Answer Applies to: Utah
Replied: 5/9/2013
John Russo | John Russo
I don't know what jurisdiction you live in, but in everyone that I am aware of the basic service requirements are the same, the party must be served by a person who is duly authorized to serve process within that jurisdiction, sorry that does not mean you, it means a constable, sheriff, or other duly authorized person. The reason is that once they serve they sign the return of service with their ID# stating that on such and such a date they served so and so in hand at a certain location. That way when the judge looks in the file they see a return or they don't see a return, no return in file signed by process server, no personal jurisdiction, no case.
Answer Applies to: Rhode Island
Replied: 5/9/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
As a party you are not legally allowed to serve your husband, so unless he acknowledges service. Get an adult friend to serve him and have that party attest to serving him in front of a notary public.
Answer Applies to: Michigan
Replied: 5/9/2013
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
You cannot personally serve your husband. It has to be done through a Sheriff's office or private process server authorized by the Courts to serve people. So, no, your Husband has not been properly served. You need to have a summons issued and then have that summons and a copy of the papers delivered to the Sheriff's office so that they can properly serve him. You may want to consult with an attorney to assist you with your divorce if you are not familiar with proper civil procedure, in order to be certain that your divorce is properly accomplished.
Answer Applies to: Florida
Replied: 5/9/2013
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    A party is not allowed to serve papers in his/her own case. Have your husband personally served by a Registered Process Server. Provide the server a photograph of your husband, so that, if needed, the server can testify to the service and the identity of the person who he served.
    Answer Applies to: California
    Replied: 5/9/2013
    The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
    Formal service under the Arizona Rules of Family Law Procedure require either a signed acceptance of service, or personal service by a registered process server or peace officer. You handing a copy of the documents to your husband does not constitute service of the divorce papers.
    Answer Applies to: Arizona
    Replied: 5/9/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    In Nevada, a process server's Affidavit is presumed valid. However Nevada has recently experienced a wave of fraudulent service of process cases in which parties were not actually served. This is the reason that many Affidavits of Service contain date, time and location of service of process and descriptions of the person served.
    Answer Applies to: Nevada
    Replied: 5/8/2013
    Law Offices of Frances Headley | Frances Headley
    You can not serve your own papers, it must be done by a third party. You should have him reserved. Any competent adult can do the service for you or you can use a process server.
    Answer Applies to: California
    Replied: 5/8/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Which is why you hire a process server to serve the papers and an independent affidavit is filed. It probably was not good service because the parties are not allowed to perform the service. Hire a process server and do it right.
    Answer Applies to: Idaho
    Replied: 5/8/2013
    Peyton and Associates | Barbara Peyton
    The serve is not valid if you served it. It must be served by someone over 18 not related to you. Have him served again and you will be able to go forward
    Answer Applies to: California
    Replied: 5/8/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If you are in Michigan, most probably your attempt at service is invalid. You have to have them served by an independent third party or he has to acknowledge that he was served, which is refusing to do. Clearly you are attempting to do this on your own, and it is about to cost you more time and more effort as you work through your mistakes. If you value your time, employ an attorney on either a limited engagement to advise you, or to represent you.
    Answer Applies to: Michigan
    Replied: 5/8/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    He can delay the divorce, he can't stop it. Have whoever served him complete an Affidavit of Service. It has to be done anyways.
    Answer Applies to: Nevada
    Replied: 5/8/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    It is only valid service if the party receives the documents from a licensed process server or a law enforcement officer. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 5/8/2013
    TAMBASCO & ASSOCIATES, P.C. Attorneys at Law | R. Tambasco
    Proof of service for the court is a must. If you did not file proof of service and he is unwilling to acknowledge it, the court cannot assume it was served. In most cases service is accomplished by the civil div of the sheriff' dept. Another alternative is a private process server, certified or registered mail through the clerk's office. Again proof of service must be received by the court in order to proceed.
    Answer Applies to: Indiana
    Replied: 5/8/2013
    The Law Offices of Tres A. Porter | Tres A. Porter
    It is unclear if YOU served the husband or you had someone do it on your behalf. If YOU personally did the service, why would you ask if he received the papers? Also, if YOU served him, then it must be done all over because as a party to the action, YOU, personally, may not serve the summons and complaint. The person who actually did the service must sign a document known as a proof of service of summons and petition, indicating who he/she served, where, when, and what documents were served. This must be fully completed, and filed with the Court. If the proof of service is filed, the burden would be on him to bring a motion to the Court indicating that the proof of service was inaccurate or faulty. Warning, the proof of service must be filed under penalty of perjury so if the person who did the service is not willing to sign a document that could result in felony charges if they are proven to be lying, you might have an issue.
    Answer Applies to: California
    Replied: 5/8/2013
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    You cannot serve the other party yourself. You will need to have a Summons issued by the Clerk of Court and have the Sheriff serve the papers to him. Until he has been legally served, the case cannot proceed.
    Answer Applies to: Florida
    Replied: 5/8/2013
    John T. Belton, Attorney at Law | John T. Belton
    Service is necessary in order to move forward with your case. Under the civil rules you can perfect service in different ways, depending on the circumstances.
    Answer Applies to: Ohio
    Replied: 5/8/2013
    Kunin &Carman | Ishi Kunin
    You cannot serve since you are a party. A 3rd person must serve and sign a sworn affidavit that must be filed with the court.
    Answer Applies to: Nevada
    Replied: 5/8/2013
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