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Serving Divorce Papers Information

By Edited Dec 29, 2015 0 0

Upon deciding that divorce is the best option for a couple's marriage, serving divorce papers will be the initial act in order to get the process rolling. The length of the divorce process depends on the particular jurisdiction (state or country) the serving party belongs.  This article covers divorce information for doing this, which will hopefully be helpful.

An uncontested divorce is probably the simplest, quickest and less costly type of divorce. This type of divorce happens when both the husband and the wife mutually agree to the divorce and have already made prior agreements on pertinent matters such as child custody and support, alimony, division of property such as the conjugal house, payment of debts, and the distribution of savings and other property.

Since all the matters related to the divorce that may need the court’s intervention have already been previously agreed upon by the spouses, an uncontested divorce no longer requires appearance in court. However, there is still the need for the agreement to be put down on paper and signed by the parties and then submitted to the court.

Drafting divorce agreements may be done by the parties themselves if the situation is simple such as when there are no children during the marriage or there are no complicated debts and properties to settle. This happens when both parties will just divide their respective properties without any question of alimony.

However, if the situation is more complicated, the help of a lawyer may be sought to draft the divorce papers and represent both of the parties. This way, the lawyer will be able to raise other matters the parties might have failed to consider and they can be sure that the agreement they have reached will satisfy the court. Not only will this will be less expensive than hiring separate lawyers, but this will also be more amicable.

If, for instance there are matters the parties cannot agree on, this will be the time to go to court and litigate. This time, it is best if each of the parties hire their own separate lawyers.

The first step to be done in serving a divorce is to complete the petition for divorce. This petition is more technically called Original Petition For Divorce or Letter Of Complaint, depending on the state. The party who serves the petition is called the petitioner, and the other party is known as the respondent or defendant. The Sheriff’s Office will be the one to serve the petition to the respondent.

If a divorce petition is served by a spouse without the consent of the other spouse, such petition cannot be stopped just because the defendant has moved to an unknown address. If the petition cannot be served to the defendant because he cannot be located, the service of the petition may be done by publication of a notice in a newspaper.

The best way to oppose the divorce is for the defendant to receive the divorce papers served upon him and consult a lawyer or marriage counsellor for the best approach to the case.



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