Do You Need A Process Server For Your Santa Clarita Divorce
There are some misunderstandings about if you need a process server for your divorce. The reason is because the answer is yes and no and depends on the circumstances. We will explain here.
Normally, the first paper that is filed on your spouse needs to be done by personal service. This would mean hiring a process server or having someone over the age of 18 who is not involved in the case serve your papers.
For instance, if you were the one to file for divorce, you would have to have them served personally. It can even be a family member. One of my clients recently had their adult child hand her dad the papers. This was obviously an amicable divorce situation where everyone was on board.
But there are times where you can simply mail the initial divorce forms to your spouse. When possible, this is my preferred method of serving divorce papers.
There is a form you can use to send the initial divorce documents to your spouse. It is called a notice of acknowledgement of receipt. You have to mail it with 2 copies and have to make sure to check the boxes that says you are serving the summons and petition and any other forms you happen to be mailing to the respondent.
When you use this form, you still have to have to complete a proof of service of summons. This is another area i see where people have issues.
When you mail the initial documents using the notice of acknowledgment of receipt, you need to also complete the proof of service and file both forms with the court. You will check the box that says you used this form and complied with the rules when doing so.
We are a licensed and bonded legal document preparation company that specializes in divorce.