One of the more difficult parts of divorce is having to serve divorce papers on your spouse. We have all seen television dramas in which a person evades personal service of court documents. It can seem amusing on television. In real life, the prospect of having to serve divorce papers in a Tulsa divorce can be a time of real anxiety. You are never really sure how your spouse will react, even in an amicable divorce.
Professional Process Servers
Often, it is wise to hire a professional process server. A professional process server is licensed and bonded. The process server is given a copy of everything that needs to be given to the spouse as well as information on the spouse’s location.
To start the process, the Petition for Divorce and the Summons, signed by the court clerk, must be served upon the responding spouse. When the responding spouse prepares their response and possible counterclaim, these too must be served upon the petitioning spouse.
The process server then will make every effort to personally give the papers to your spouse. Once that is done, the process server fills out a proof of service that you then file with the court.
All divorce papers filed by the petitioner must be served upon the other spouse, now called the respondent.
Personal Service Of Divorce Papers
This is usually done by a process server who personally hands the documents to the person being served. It can also be done by leaving copies of the papers at the person’s home with a person who lives there who is at least 15 years of age or older. Finally, personal service can be achieved by delivering a copy of the summons and of the petition to an agent authorized to receive service of process.
The server notes the time and date of service of the papers upon your spouse on a proof of service that you can then submit to the court. The court requires proof that your spouse was served with the papers.
Serve Divorce Papers By Publication
Sometimes, the personal service of the papers is just really difficult. Perhaps your spouse doesn’t want to accept them and thinks that by answering the door, they can avoid the whole thing. When personal service is not possible, you can serve the documents by “publication.”
Service by publication takes place in a newspaper in the area where your spouse lives. It is a notice that is published.
The notice gives the names of the parties, a case number, and a court location. The court may require that the notice be printed in the paper several times to help ensure that your spouse is given a fair chance to see the notice.
In order to serve your spouse this way, you must first ask the court for permission. A hearing is required.
To do this, you must have made a reasonable effort to have the papers personally served upon your spouse. That usually requires several attempts at personal service, an affidavit from the process server, your written request to the court, and information about which publication you plan to use.
Once you have published the notice the required number of times, you can submit proof of publication to the court and your spouse will be deemed to have been served.
The service of process is an important part of the process. It starts the ball rolling. If you have questions about how to serve divorce papers, bring your questions to an experienced Tulsa divorce attorney.
Free Consultation With A Tulsa Divorce Lawyer
The divorce process is what you make it — the higher the conflict, the more expensive your case becomes. Hiring a skilled and experienced Tulsa divorce attorney ensures your rights are protected and explains all necessary and unnecessary steps in the process.
Contact an experienced Tulsa divorce lawyer when you need to go through the Oklahoma divorce process.
For a free, confidential consultation, call 918-924-5526 now.
