Thursday, March 12, 2015

What do you do if your spouse hand delivers divorce papers? I was told this is not a legitimate way to be served by the clerks office and to...

Question

What do you do if your spouse hand delivers divorce papers? I was told this is not a legitimate way to be served by the clerks office and told to ask for legal advice.



Answer

They should be personally served on you by someone not your spouse. It can be served by mail and you need to sign the acknowledgement of service ... You can always waive service if you have the papers...

If you force her to re serve you it just may add costs that you might get stuck with. Personally fighting over service will be an indicator of things to come. Get an attorney and figure out how to resolve this as amicably as you can. This will create less stress and cost you less.



Answer

You need to find out if she has filed a proof of service based on this service. Although it is invalid, she may be trying to have your default taken and do not rely on the fact that the service is invalid to do nothing.



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