Discover legalpapers. Professional legal documents for your legal matter. If you are filing for divorce in Arizona, you may be concerned about how to get through this emotional and financially difficult time. The court process can seem overwhelming, and you don’t want to spend all of your community assets in costly legal fees.
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How to Serve Divorce or Custody Papers
When you file for divorce or custody, you are the plaintiff and your spouse or the other parent is the defendant. As the plaintiff, you must have copies of the court papers given to the defendant. This is called service. There are special rules for serving the first papers filed in any case. These are the summons, complaint, and anything else filed at that time. These must be served within 91 days of the date you filed them. First, decide who will do the service. You cant serve the papers yourself. Someone.
Else must serve them. you can ask a friend or relative or you can hire a sheriff, police officer, or process server to do it. The server must be 18 years or older and must not be involved in your divorce or custody case. Second, decide how service will be done. The server can personally give the defendant a copy of your court papers or the server can mail the papers. If the server personally gives the papers to the defendant, the defendant can sign the Acknowledgement of Service on the back of.
The summons and give it to the server. if the defendant wont sign the acknowledgment of Service, the server will complete and sign the Proof of Service on the back of the summons. In most cases the servers signature needs to be notarized. If the server mails the papers to the defendant, it must be done by registered or certified mail with delivery restricted to the defendant and a return receipt requested. The U.S. Postal Service provides these services for a fee. The defendant will have to sign the return.
Receipt to get the papers. the return receipt is a green postcard that gets mailed back to the server. When the server gets the green return receipt back, he or she completes and signs the Proof of Service on the back of the summons and attaches the return receipt. Remember, the servers signature may have to be notarized. Finally, you or the server must file the proof of service or acknowledgement of service with the court where you filed your divorce papers. After serving the first papers in your divorce.
Or custody case, service of other papers is simpler. you can serve the rest of the papers in your case by: Mailing a copy to the defendants lastknown address Handing a copy to the defendant in person, or Leaving a copy at the defendants home with an adult who also lives there. Every time you do this, fill out and file a Proof of Service form saying which papers were served, and when. If you used our online.