Planning To Serve Divorce Papers To Your Spouse? Read This!

Initiating a divorce can be a stressful time, even if you have been unhappy in your union. If both you and your spouse are on the same page, you will file for the divorce jointly. A joint application is the most straightforward way of going about this process since it means both parties are in agreement about ending the marriage.

If the relationship has disintegrated to a point where you are not on speaking terms, you will have to initiate the divorce on your own, and this process begins by serving divorce papers. A typical misconception about the serving process is that one can simply hand divorce documents to their spouse, but this is grossly untrue. To ensure that you go about this the right way, here is what you need to know when planning to serve divorce papers to your spouse.

What documents are required when serving divorce papers?

Some people tend to think that they only need to apply for a divorce and then give a copy of this application to their spouse, but this is incorrect. In addition to the divorce application, you also need to have a copy of the document you receive once you have been separated from your spouse for at least a year. Lastly, you need to compile all paperwork that has been served to the court regarding the dissolution of the marriage. Once you have applied for the divorce papers, you need to ensure that your spouse is served with them within a month as long as they are residing in Australia.

How do you serve the divorce papers?

There are several different ways that you can serve divorce papers. The choice is at your discretion, but you should ensure you pick an option that will guarantee your spouse receives the documents in time. If leaving it to lawyers is not viable, you can serve divorce papers in one of two ways:

Through the mail: Most people tend to presume that this is the easiest way to serve divorce papers, but you should note that it is dependent on the current relationship that you have with your spouse. If you send the papers via the post, you cannot guarantee that your spouse did receive them. Thus, it is up to their discretion to acknowledge receipt of the documents by signing specific paperwork. If your relationship is beyond repair, you may not receive this acknowledgement, which will draw out the process.

Face to face: One thing to note about the serving process is that you cannot go about it on your own. Instead, a separate adult should divorce papers by hand. This adult could be a friend or a family member. Alternatively, you can enlist the services of a process server who will already be familiar with the legal recourse of the serving process.

Share