Question:

Answer:

In divorce cases, "service of process" means that the other party has been made aware that the other party has filed for divorce. The filing party (Petitioner) must "serve" a copy of the filed papers on the other party. Generally, there are three ways of serving another party: by personal service; by a waiver of service; and by service through publication. Please note that service of process can be confusing and you may need to consult with an attorney. The law requires correct service of process before your case can move forward.

Personal service means that the petition is hand-delivered to the opposing party by someone who is over the age of 18 and is not a party to the suit. This means that you cannot serve the other party yourself.

The civil division of the sheriff's office may serve the petition for a small fee. A private process server can also serve the petition for a fee. Note that information on the sheriff's office in each district is listed on this website under Directory. Private process servers can be found in the yellow pages section of the phonebook.

If personal service is effected, you must file the original summons with the court along with the completed return of service.

A waiver of service means that the Respondent, the person receiving and responding to the papers, agrees to accept the petition and signs a Waiver of Service and files it with the District Court. This often occurs when a husband and a wife have agreed to settle their divorce.

Service by publication means that the Petitioner puts an ad in the paper telling the respondent about the petition. Service by publication can only happen as a last resort, when the Petitioner has really tried in good faith to find the respondent and cannot.

Question:

Answer:

If you do not know where your spouse is located and you cannot locate your spouse through reasonable efforts, you can use Service by Publication. Service by Publication can only happen as a last resort, after you have diligently tried to find your spouse and cannot.

Service by Publication means that you put a notice in a local newspaper. The notice has to be published once a week for four consecutive weeks.

Please note that when you use Service by Publication, you must file two sworn statements. First, you must file a sworn affidavit or pleading with the court stating underneath that you have diligently tried to find the other party and cannot.

Second, after the notice has been published in the paper, you must file with the court the Affidavit of Publication you receive from the newspaper. This affidavit MUST be filed with the District Clerk's Office. Once the Affidavit of Publication has been filed, you may proceed with your case. If you fail to file the Affidavit your case cannot move forward.

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Answer:

If you want to serve someone out of state, you may want to contact the sheriff's department located in that state or a private process server. You may wish to consult with an attorney.