WHAT IS SERVICE OF PROCESS?

|

One of the most stressful aspects of the Divorce and Family Court process is the process of serving your spouse/partner with the documents you have filed in Court. The most frequent question asked is actually whether or not the Plaintiff/Petitioner (person filing the case in court) can serve the other party him or herself? In short: no.

Service of Process occurs when a process server, or other non-party who is over the age of eighteen (18) gives (serves) the document filed with the Court to (upon) the Defendant/Respondent. It is this act which gives the Court jurisdiction over the Defendant/Respondent.

In most cases, the documents filed to start the divorce or family court matter must be personally given to the Defendant/Respondent and cannot be served in any other manner without first obtaining the Court’s permission.

If you have questions about serving your spouse or partner with a divorce or family court case, call my offices for your personal consultation.

Categories: