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How to Serve Court Papers in Divorce and Custody Cases

How to Serve Court Papers in Divorce or Custody Cases

If you don't file for divorce/custody together (jointly), you must formally notify your spouse/other parent (Respondent). You may also download a PDF of this page. 

A Respondent is the party on the “other side” of a court case.

There are 3 ways to serve court documents

1 - Waiver of Service (easiest)

The Respondent agrees to accept the court papers.

Follow these steps:

1. Give the Respondent the:

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

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


2 - Personal Service

If the Respondent 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 Respondent before requesting this process.

See JDF 1300 Guide to Alternate Service instructions for more information.