How To Serve Divorce Papers to Your Spouse

Posted on in Divorce

Deciding to go through a divorce is not an easy process. To start the process papers must be served to the other spouse. These papers, called a petition or a summons, declares the intention of one spouse to end the marriage to the other spouse. The summons is a must in the court of law for the divorce to move forward – without it, a divorce cannot happen. The court needs proof that the other spouse has received the summons.

ChristineServing divorce papers can be handled in a variety of ways, such as the following.

  • The summons can be delivered to a spouse by anyone who is 18 years or older and not a child of that spouse. A signed and dated Acceptance of Service must be collected to prove to the courts the summons was delivered and received.
  • Second, mailing the divorce summons, first-class, with an acknowledgement of delivery that has been signed, dated and returned is appropriate.
  • Third, it is possible to send the divorce papers via certified mail with a return receipt. This paper is attached to the envelope and when received is signed and returned to sender as proof.
  • Fourth, a sheriff or a professional process server can be hired to deliver the divorce papers. The person who delivers the papers will then fill out the proof of service with the courts on your behalf.
  • Lastly, if all avenues have been exhausted the courts may allow the divorce papers to be delivered through a newspaper announcement in the area where the spouse is likely to be living.

Divorce needs to be handled delicately and well by a serious professional. Contact a family law attorney in Illinois who will know how to proceed through each step of a divorce with your best interests at heart.


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