To many people, serving divorce papers is one of the easier tasks of going through an Orange County divorce. Yet, the handling of the service of divorce papers can cause an undue bitterness and friction. This blog will take a look at how divorce papers can be served without hostility and anger being created among the spouses.
Is Personal Service a Good Option?
There are some situations where personal service of divorce papers may be the only resort. This is often the case when it is clear to you that the spouse will evade service of these papers or in cases where immediate service of the papers is necessary because of one of the many protective orders being used.
If the above circumstances are not present, then its best that you sit down with your Orange County divorce lawyer in this regard and deliberate whether it is the best option. Personal service can often upset the other spouse make them feel as if they have been kept in the dark about the impending divorce.
While it may not be clear in what cases it’s not best to serve divorce papers through personal service, there are some situations in a divorce cases where it is needed such as:
- Cases of serious domestic violence
- Cases of drug or substance abuse by one of the spouse
- Child custody cases that have elements of child abuse.
What You Serve is Important?
Service of divorce papers should not be done using some hard and fast rule. It is a flexible process and can even take place through mail. As long as the other spouse signs and acknowledges the receipt of the papers of a divorce, any way of service is acceptable.
While people typically send their divorce petitions as part of the service of divorce papers, there are other things that you can also send to your spouse. One such thing is the information of assets i.e. the asset disclosure to ensure that there is little or no deliberation in court over what assets exist and which ones don’t.
Serving Papers Out of State
What if your spouse is out of state? How will you serve your divorce paperwork to them? The courts in California allow out of state spouses to be served divorce papers in a number of different ways. The method chosen will typically depend on the facts of the case. Typically personal service is used in such cases. However, certified mail is another way of doing so.
What’s the Best Choice?
There is no one best choice. Cases will often differ to one another on the facts and for you to make the best choice you’ll need to sit down with your divorce lawyer and evaluate the pros and cons of both.
Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.