How To Serve Divorce Papers Quickly And Easily

Written by California Process Service
September 3, 2021

How to serve divorce papers quickly and easily

 

It’s never easy to serve divorce papers, which is why so many people procrastinate and do it as a last resort. 

But even if you’re not sure about ending your marriage, there are some benefits of serving papers quickly. 

The longer you wait, the more likely it is that things will escalate and get ugly. You don’t want to spend more time with someone who you know isn’t right for you.

This article will talk about why it’s better to serve the papers sooner rather than later.

What Are Divorce Papers?

 

Before we go into the benefits of serving divorce papers quickly, it’s important to know what they are. 

Divorce papers serve as a legal document notifying the other party that you want out of the marriage – and why.

It’s common for spouses to try to avoid these papers – and running away or hiding isn’t going to help you.

It could also get the other person in trouble if they’re violating a restraining order, so it’s best to go ahead with serving them.

Why Get Divorced?

 

You should get a divorce if you’re convinced the marriage is not working and cannot be salvaged or repaired.

A divorce can also be justified if your spouse is abusive physically or emotionally. You can get a restraining order, but you’ll need to serve the papers first before going through with it.

The Divorce Process

 

In most cases, you’ll find it’s best to get the divorce process started as soon as possible.

It can take a long time to separate your finances and assets from the other person. You might even have to deal with another round of paperwork when you decide to file for alimony or child support.

It’s not unusual for the process to last a couple of months, but you won’t know until you’ve completed all the paperwork.

And if you’re the one initiating the divorce, it’s usually best to serve your spouse with the papers as soon as possible.

1.Serve the papers by Registered or certified mail

 

This is usually the best way to serve divorce papers quickly. You can serve them yourself, either with a private process server or certified mail. 

When you go this route, make sure that you have copies of the documents for your records so that you’ll have something to show for it if the person contests it. 

If you can’t get a hold of your spouse, this is usually required by the court.

2. Serve them in person.

 

This option requires a process server and is usually only used when the other party refuses to accept mail or certified mail service.  

3. Send them via fax.

 

This is an option when both you and the other person don’t live in the same state. It’s not commonly used, but it might be if your spouse isn’t cooperating or if you want to try a different approach.

4. By email.

 

Serving divorce papers by email is not usually allowed. Of course, it’s best to go through proper channels to serve the other person with divorce papers, but if you’re desperate, it might be your only option.

Make sure you send the papers to the registered address of the person and keep copies for yourself.

When do you need to hire a lawyer?

 

If the other person doesn’t acknowledge receipt of the divorce papers and contests it, you’ll have to go through additional paperwork and hearings. This is another reason why it’s better to serve divorce papers as soon as possible.

You can hire a lawyer if you want to support yourself through the process. They might be able to help you with the paperwork and negotiations if your spouse is trying to get things done quickly. 

If you’re going at it alone, there are several books online that can guide you on how to serve divorce papers.

When you file for divorce depends on where you live. Some states require a one-year waiting period, although this doesn’t always apply if you and your spouse agree to waive it.

After filing, the next step is for you and your spouse to go in and fill out the required paperwork with your local county clerk. This will help speed up the process and get it completed more quickly. 

Divorce proceedings can be long and difficult but serving the other person with the divorce paperwork is an important step to take. 

It might not seem like much, but it’s a necessary step that will put you on track for trying to start over again with your life. A divorce attorney can also help with these matters and give you legal advice on these matters.

Should I Hire a Lawyer Referral Service?

 

Everyone deserves to be represented by a professional if they can afford it. 

Some people might not afford anything right now, but this doesn’t mean that they shouldn’t hire an attorney.

You can hire a lawyer referral service to help you find an attorney who might be able to take your case. 

These services can provide you with a free consultation where the lawyer can go over what you’re looking for and how they can help.

5 Benefits of Serving Divorce Papers Quickly

 

There are some benefits of serving the other person with divorce papers as soon as possible. Here is why you’ll need to get your divorce papers served the right way:

Less Stress on Your Part.

 

It can be very stressful to wait months or even a year before you’ve served the other person with a divorce petition. However, waiting too long might make it harder on you or prevent you from moving on with your life.

The longer you must wait, the more stressed out you will be about the whole situation. 

Less Stress on Your Spouse’s Part.

 

If the other person has time to prepare and think things over, they might contest the divorce. This can lead to stress for all parties involved and could drag out the process longer than expected.

It helps you avoid wasting time if you’re able to act quickly and serve the papers quickly to prevent a long, drawn-out divorce.

Gives You More Time to Prepare Financially.

 

When you’re in the process of getting divorced, it’s not easy going through financial changes. You’ll likely need to start preparing for those changes early on so that you can get things done before the divorce is finalized.

Dealing with finances while you’re going through a divorce can be difficult, so serving the papers quickly helps give you more time to make changes and prepare.  

Helps Prevent Unnecessary Arguments on Your Part.

 

You might not want to serve your spouse with divorce papers if you think they’ll contest it or create unnecessary drama.

Serving the other person with divorce papers is a necessary step and ensures you’re on track for starting over with your life. 

However, if you’re not ready to serve the other person yet, don’t worry about it too much until you are ready.  

It’s best to wait until you’re emotionally and financially prepared to serve the other person, as they might try to contest it if you’re still in your early stages of preparing.  

It Might Help You Get a Quicker Divorce.

 

When you serve the other person with divorce papers, they know what’s going on. So, this might encourage them to speed up the process and get it over with so that they can move on with their life.  

They’re more likely to agree to your terms if you act quickly. So, it might help prevent them from dragging their feet when you serve the other person with divorce papers quickly.

Things not to say during a Divorce Proceeding

 

It would help if you were careful about some things when you’re going through a divorce from someone. Here are some things you should avoid saying during the process:

Child Support. 

 

It’s best if you don’t tell the other person what to do with their children, especially if they have joint custody. You might think that it’s in your best interest, but this can make your spouse resent you, which can cause many problems down the road.

Money.  

 

You should avoid talking about money too much with your spouse or ex-spouse. This includes talking about how you think they spend their money and what they do with it. This can turn the situation into an argument very quickly.

Gifts and presents.  

 

It can be tempting to talk about presents that you think your spouse gave or received during the marriage, but this will cause them to get defensive. So, it’s best to avoid talking about these things, especially if you’re thinking of filing for the present and future gifts.

Assets and Separation. 

 

These are very sensitive topics, and you should be careful about what you say during a divorce. It’s best to avoid these conversations until the proceedings have been finalized because there might be legal ramifications if you try to separate assets before then.

Custody Disputes. 

 

Arguing over custody in court can be extremely stressful for both parties involved. It would help if you considered mediation to solve custody disputes before heading to court, which can speed up the process.  

Divorce is a difficult time, and you should avoid saying anything that could upset your spouse or make them feel attacked. It’s best only to say things if they’re necessary so that you can avoid drama as much as possible. 

Frequently Asked Questions

 

How long does it take to be served divorce papers?

 

It usually takes around two weeks for the process to be completed once you’ve finished filing. 

You might get a quicker response if the other person agrees to sign it, but there isn’t much that can speed up this process unless they agree.

Is it better to file for divorce or be served?

 

You should be filing the divorce papers if you’re looking for the divorce to be finalized. Filing can speed up the process but getting served is better in some situations. If you’re not sure which one is right for you, talk with your lawyer about what’s best for your current situation.

Can I empty my bank account before divorce?

 

It’s best to talk with your lawyer if you’re trying to transfer some of your bank accounts before a divorce.

All in all, you can empty your bank account whenever you want, but it’s best to talk with your lawyer about whether this is a good idea. 

Even if you think that they’re stealing money from you, emptying the bank account might prove them right and can cause more trouble than anything else.

Who pays for a divorce?

 

Usually, both parties are required to split the cost of the divorce. This can include filing fees, attorney’s fees, and other costs associated with the time.

Can a court clerk serve divorce papers?

 

No, court clerks aren’t allowed to serve the other person with divorce papers. All court clerks can do is file the paperwork and give you a copy of it.  

You’ll be required to enlist someone who has been issued a valid license to complete the process.

What are examples of personal service?

 

Personal service can include services like legal, accounting, and other professional services.

This service is intended for people who need to have their documents served by professionals, and this allows them to add the cost of the service into the filing fee.

Last Thoughts

 

It’s important to know that divorce proceedings can be long and drawn out.

There is no time limit for how long a divorce proceeding may take, but it’s best not to drag them on unnecessarily just because you want the process over with quickly.

The more your spouse fights against you in court, the longer things will likely go.

If you’re going through a contested divorce in which one party is unwilling to cooperate or work together during negotiations, then serving papers as soon as possible might be your best option when it comes to saving both money and stress!

We hope this blog post has been helpful for anyone who needs some guidance for a contested divorce.

Best of luck in your future endeavors!

Attention Paralegals:  Need divorce paperwork filed and served quickly and without error?  Give us a call at (866) 754-0520 to discuss our bulk rate pricing and easy online ordering process.

ABOUT THE AUTHOR

Jeff Lancaster

Jeff Lancaster

JPL Process Service is a trusted process service partner to 100's of law firms throughout Southern California. Call us at (866) 754-0520 to see why or click to order online here.

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