If you’ve made the decision to file for divorce, your spouse will likely need to be served. There’s a lot of mystery surrounding how this works–and a lot of pop culture references to it that make it sound scarier than it is. Here’s everything you need to know about how the process actually works.
First things first: what does “serving” mean?
When you file for divorce, you’ll fill out a number of forms which will then be hand-delivered to the opposing party in your case. “Serving” papers is the official notification that you’re initiating legal proceedings against them.
What are the documents being served?
Official paperwork. In legal terms, this paperwork is referred to as a “summons and complaint.” The “summons” is a notice that a lawsuit has been filed and a request for a response, and the “complaint” clarifies what the lawsuit is about.
Why is it necessary?
Service of process is intended to provide the opposing party in the case with information on the lawsuit being filed against them and allow them time to respond. If the summons requires a court appearance, it also gives the opposing party time to prepare.
Do I have to serve papers myself?
No. While this varies state-by-state, papers can be served by a process server. Process servers are a neutral third party who can serve papers on your behalf. Service of process almost never requires you and the opposing party in your case to interact directly, which is especially important in cases where one party feels that their safety is at risk. However, if you are comfortable serving papers yourself–and you think the response will be “I agree”–you are able to do so in a number of states.
How long does it take?
There’s no set amount of time for how long service of process takes; it’s dependent on how simple or complicated it is to get in touch with the opposing party. Simple cases can take between 3 to 5 days. In cases where it’s difficult to track down the opposing party or they’re deliberately avoiding service attempts, it can take much longer. But don’t worry, if we aren’t able to serve on the first attempt, we’ll typically make up to 4 attempts.
It’s important to make sure you provide your process server with a recent business or home address–or, if the opposing party has a lawyer, at the address they provide–to speed up the timeline.
In cases where the opposing party is hard to reach, some process servers will use a method called “skip tracing” to track down an elusive defendant (before the advent of social media, this method was much more widely used).
Are there any other options?
A process server will make multiple service attempts before resorting to alternative methods. We understand how frustrating it is when you can’t track down the opposing party in a case, but rest assured–there are other options.
Though accepted means of service of process vary state-by-state, here’s a generalized guide to what you can expect outside of the traditional method, which is also known as personal delivery.
Service by publication or posting
If a process server fails to reach an opposing party via personal delivery, they may resort to publishing the summons in a local newspaper (in or near the area where the defendant lives), once a week for at least four weeks. This is known as service by publication. Similarly, “service by posting” is the process of posting the summons at the defendant’s county court, though there’s a specific qualification process for this.
Substituted service
This is when a process server leaves legal documents with a “person of suitable age” at the defendant’s residence, should they find themselves unable to track down the defendant themself.
“Nail and mail”
Instead of directly serving documents, in some states, process servers are able to tape them to the door (the “nail” part of this method) and then mailed to the same address within 20 days (the “mail” part). This method is rarely used given how difficult it is for the court to verify that the documents have actually been received.
What happens after they’re served?
Once we’ve successfully served your opposing party, they typically have a set number of days to file their response, which varies depending on the state and county.
Generally, the opposing party has three ways to respond.
- They’ll agree to all of the terms in the paperwork provided
- They won’t agree to all of the terms
- They won’t respond at all
Whether you’re getting ready to serve your spouse with papers; being served; or just interested in learning more, know that service of process is intended to make legal cases run more smoothly, not to cause stress and intimidation. If you’re going through it right now, just know that you’ll be on the other side soon.
