When someone wants to start a divorce proceeding, they need to formally serve process upon the other party. The divorce proceeding does not start because the couple has separated or because a court file has been opened. When the responding party receives the divorce petition from the initiating party, the divorce is officially pending.
Formal service of process is accomplished simply by handing the documents (Summons and Petition) to the responding party. It must be performed by an individual, age 18 or over, who is not a party to the proceeding. A spouse cannot serve their own spouse with the divorce papers. Typically, a courier, neighbor or family member serves the documents; these days, the involvement of a sheriff's deputy for this kind of service is rare.
Alternatively, the responding spouse may admit or acknowledge service. The Admission of Service, which must be in writing, makes it unnecessary to involve a third party. Oftentimes, the initiating party will mail the documents to the responding party with a blank Admission of Service for the responding party to sign and return in the mail.
what if the person being served lives in mn and does not go to the post office to pick up the papers, does receive an unofficial copy in email and still files for a divorce and custody 4 days later saying she has not been served but the post office does contact la saying that they made the first attempt on march 3 without success. And as of the 15 she has still not attempted to pick up her copy of the divorce filed first in louisiana due for trial on 3 24 08
Posted by: mary anders | March 15, 2008 at 10:08 AM