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How to Serve the Other Party

How to Serve Court Papers to the Other Party

If you don’t file together (jointly), you must formally notify the other party about the case. There are 3 ways to serve court documents to the other party. You may also download a PDF of this page. 


There are 3 ways to serve court documents
 

1 - Waiver of Service (easiest)

The other party agrees to accept the court papers.

Follow these steps:

1. Give the other spouse the:

  • Petition,
  • Summons, and
  • A blank Waiver of Service.

2. Ask the other spouse to sign and date the Waiver.
File the signed Waiver online or at the Clerk’s Office.
 


2 - Personal Service

If the other spouse does not want to accept the court papers, you must have them personally “served.”

Follow these steps:

1. Find a process server, you can ask:

  • The Sheriff,
  • A professional process server,
    Or
  • An adult (over 18) who is not involved in this case and knows how to serve.

2. Give the process server an address where the Respondent can be found.

3. Give the process server copies of these papers:

  • Petition,
  • Summons, and
  • A blank Return of Service.

4. The process server gives copies of these papers to the Respondent.
Note: You can’t be the one to hand the paperwork to the Respondent.

5. The process server will fill out and sign the Return of Service.

6. File the Return of Service with the Court.
 

 

3 - Service by Publication

You can only use these methods if:

You must make every attempt to serve the other party before requesting this process.

See JDF 1300 Guide to Alternate Service instructions for more information