by Admin on August 2, 2010
When you have already made up your mind about getting a divorce, you may have concerns regarding the ways on how to serve divorce papers on your spouse. At first, the initial paperwork that you must complete is termed as a divorce petition or summons. This document summarizes all the pertinent information about your marriage and the terms that you would like to settle in your divorce. This document is required to be filed with the appropriate court which is typically in the county where the spouse who file the petition lives.
The second step is to have these divorce papers served on your spouse. Serving divorce papers is a way to let your spouse know that divorce papers have already been filed at the courthouse to initiate the divorce process. When your spouse is served the divorce papers, it also lets them know what is being asked for and how much time is allotted for them to respond.
For the divorce process to actually progress, the court must be given a proof that your spouse was served with the divorce petition. If you have an attorney who handles your divorce, he or she will most possibly be the one to take responsibility for it. On the other hand, if you are doing the paperwork yourself, the following are the ways on how to serve divorce papers and how to obtain a proof of service:
Acceptance of Service
The divorce petition is delivered personally to your spouse by an individual who is over 18 years old. He or she must not be your child. That person must make your spouse sign and date the Acceptance of Service paper to verify or validate that the divorce petition was actually received.
Looking for a divorce lawyer? Click here on how to choose a Cincinnati divorce lawyer.
First Class Mail with Acknowledgment Form
The divorce petition can be mailed together with an acknowledgment form. This form must be signed and dated by your spouse and must be returned to you. If it is not returned within the specified period, you will have to utilize another method of service.
Certified Mail with Return Receipt
When your spouse receives the petition through a certified mail, your spouse is required to sign the return receipt that is attached to the envelope. After it is signed, this return receipt is mailed back to you and will serve as proof of service.
Through a Sheriff or a Process Server
You can get the service of a Sheriff or a professional process server to hand over your divorce petition to your spouse. The person serving the petition must fill out a proof of service form which must then be filed with the court.
Check this post on how to make changes to your divorce agreement.
By Publication
When all of the above methods fail, the court will permit the service to be made by publication. This means that the divorce petition is announced in a newspaper that is published in the place where your spouse is residing. For proof of service, you must return a copy of the newspaper notice to the court, with a statement about span of time the notice ran.
When your marriage is not working out amidst all your efforts and you feel there is no any other option for you than to consider divorce, you should take the time to stop and think carefully. Aside from the fact that divorce is a critical option, it can also be exhausting, expensive, and above all, permanent. On the other hand, if you have already made up your mind about getting a divorce, it is primarily important to protect your interests and the interests of your family. Here are some of the important things you must do so that you will not find yourself in a chaotic situation in the future.
Make every effort to keep your relationship with your spouse harmonious. Remember that the more annoyed your spouse is, the more unpleasant the result of your divorce will be.
Consult a lawyer so that the entire process and the options that are available for you will be explained. Keep in mind that divorce laws differ in every state and each county may have its own regulations.
Looking for divorce tips? Get your Cincinnati divorce dealt with by a professional.
You should gather relevant financial documents such as tax returns for the last five years, including all financial accounts and the like.
Joint accounts should be closed. Once you separate from your spouse, you should also monitor all debts that are incurred or paid. Also, all funds accumulated during your marriage should be divided equally between you and your spouse.
A warranted child support should be determined. As soon as possible, make sure to initiate court proceedings if you are the spouse who is in need of support because you will not be able to receive financial support until you file. It is vital to consult an attorney or other resources for this concern.
Any money you give your spouse for alimony or child support should be well monitored and recorded. Rather than giving cash, you can write checks to keep track more easily of the financial support you are providing.
The waiting period between the time when you file for divorce and the time when your divorce is concluded in most states should be realized.
You may not be fully aware of all the plans to which your spouse contributes or to which an employer contributes on behalf of your spouse so it is important to research your spouse’s pension plans, retirement accounts and other savings accounts.
If children are involved, you will have to negotiate a custody plan. Most courts offer free assistance.
Read this post about custody divorce lawyer in El Paso.
It’s never easy when a marriage ends. Indeed, a divorce is a highly distressing and life-changing event. The stress and tension of this process can leave you vulnerable psychologically and physically. So above all, it is important to take care of yourself, minimize other sources of stress in your life and make positive choices thereafter. Always bear in mind that even in the midst of the stress of a divorce, you have an opportunity to learn from your experience and mature into a stronger and wiser individual.
