February 25, 2024

You’ve tried and tried and maybe even gone through marriage counseling and mediation but you realize your marriage can’t be saved and a divorce is your only option for both you and your partner to move onward with your lives. The divorce process can be a difficult road to navigate, especially when you already feel you have reached your highest stress level. At UtahDivorce.biz we do everything we can to help make this transition as easy as possible. The first thing you will need to do is fill out the necessary paperwork describing your marriage, listing the reasons you want the marriage dissolved, and making note of any special provisions such as custody arrangements and who keeps certain possessions. Next, you need to see that your spouse is served copies of the paperwork.

How to Serve Papers for Divorce

You are not allowed to serve the papers to your spouse personally and the courts won’t do it for you. This has to be done within 120 days or you will have to start the process over again. There are several options available, however, all of which will provide you with proof that the paperwork has been served. You first need to gather:

*Copy of Complaint

*Copy of Court Summons

*Copy of Temporary Injunctions if needed

Keep the originals yourself, or have your lawyer keep them because you will need these to file with the court after the copies have been served. You can send the material through the USPS if you send it and request that a signed delivery receipt that contains the signature of your spouse or someone who can legally represent them.

A second option is to hire a process server for a fee. This person will deliver the papers, normally in person, and fill out the necessary paperwork proving delivery.

In some places, the local sheriff or other law enforcement officer may be willing to serve the papers.

Whatever method you choose for delivery, you need to make sure that only the intended recipient or a legal representative, such as their lawyer, is given the paperwork. You then need to obtain the necessary verification of delivery to file with the original paperwork at the courthouse. If you have a private citizen serve the papers, you need to make sure they are neither a felon nor do they have a domestic abuse order against them. This will make serving illegal.

What’s Next?

Once the initial paperwork is served and you have filed the required papers with the courts, your spouse has 21 days to respond. They can either agree or challenge the divorce and that will determine what happens next. Having a lawyer available who understands the process will help ensure you don’t miss any steps in this process that will require you starting all over. Contact us today to see how we can help you relieve some of your stress.