Process Services: Three Essential Considerations for Serving Divorce Papers

If you are planning on filing a sole application for a divorce, you will need to serve legal documents to your spouse. In simple terms, you will need to have a couple of papers, such as the application for divorce, a copy of the legal brochure on separation and other documents from the court. Serving these papers involves delivering the materials to the other party. The service is crucial for informing the involved persons about the divorce proceedings. This process might seem simple. However, it must be conducted according to the established rules of the court. Here are tips to keep in mind when serving divorce documents to your spouse.

Understand the Options

It is important to choose the right method for delivering the legal documents. The right approach will minimise complications and prevent wastage of time. In general, there are two primary methods for sending divorce papers: post and hand. Posting the documents might seem like the easier and cheaper option. It can be. However, you must be certain that your spouse will receive and send an acknowledgement of service.

If they do not send an acknowledgement after getting the mail, the court will not have proof that the documents were received. If there is no response, you will need to plan for hand delivery. When planning to serve by hand, you must remember that you cannot serve the documents in person. You will need to engage the services of a third party that provides process services for the delivery.

Consider Using a Professional

Service can be handled by individuals who are of legal age. However, you should not choose a person at random for this important task. Where possible, it is advisable to engage a professional experienced in process services for the work. Keep in mind that there are some legal guidelines which have been set to ensure that service is handled in a fair and acceptable manner. If the person serving is not familiar with the rules, they could make mistakes and cause complications. For the best results, choose a server with appropriate experience, a good reputation and relevant skills.

Know the Timelines

Finally, you should understand that there are time limits imposed on the service of divorce documents. The papers must be received in time by the other party so that they will have enough time to prepare for the court proceedings. The specific time limits will depend on your unique situation. For instance, more time will be required if your spouse is overseas. Therefore, check the relevant laws to avoid mishaps.