After the respondent has been served, the deputy sheriff or process server will file proof of service to the courthouse. If your spouse has an attorney, you may notify him/her by sending a certified copy via the mail to the attorney. This will establish proof of service. It is your responsibility to make sure the respondent is properly served so you will want to stay in contact with the court clerk to make sure the sheriff or process server was able to locate your spouse. If you are unable to find your spouse and have them served you have the option of “notifying through publication.” This is only allowed with the courts permission. You will have to file specific forms requesting permission via the courts if this process of notification is necessary. Always keep copies of any documents pertaining to your case for your own records. Also, always send a copy of any communication with the respondent to the court clerk and request it be put in your divorce file.
Pro Se Divorce Litigation, Filing An Original Petition For Divorce
By Cathy Meyer, About.com Guide
State laws vary but you normally have between 30 and 40 days to notify your spouse. After you have filled out and filed the original petition for divorce, you must serve the respondent (your spouse) with a copy of the petition. The court will require evidence that the respondent has been served a copy of the petition. You may notify the respondent by giving them the documents through deliver by the sheriff’s office or a process server.
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- Original Petition For Divorce:
- Filling Out The Original Petition For Divorce:
- Filing The Original Petition For Divorce:
- Notifying The Respondent:
- Respondent Files a Response:
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