Service of Summons and Petition

Once you have filed the Summons, Petition, and Declaration Under the Uniform Child Custody Jurisdiction Enforcement Act (if minor children are involved), the opposing party must be personally served. These documents, and a blank Response and Declaration Under the Uniform Child Custody Jurisdiction Enforcement Act, can be served by anyone over the age of 18 who is not a party to the proceedings. Most people, and attorneys, use the services of a process server or the county sheriff. In the event of a dispute as to whether someone was actually served, the court is more comfortable when a Respondent has been personally served by a process server or deputy sheriff.

You can find a process server in the yellow pages under "legal services" or online. They typically charge $25 to $40 to serve someone locally, more if they have to travel to other areas. The sheriff maintains an office in the family law courthouse, and you can leave a copy of your pleadings with information on the person to be served. Of course, if you are represented by an attorney, they will take care of all of this for you.

Once the opposing party has been served, the process server, deputy sheriff, or other person must complete a Proof of Personal Service specifying the time, date, and address where the Respondent was served. Once completed, the original of that form should be filed with the court clerk. Again, as with all pleadings, you should file the original and two copies. That way you have an extra copy for you and one for the other party.

 Attorneys might also attempt another kind of service where the papers are mailed to the Respondent along with a form called a Notice and Acknowledgment of Receipt. This form of service is acceptable for the Summons and Petition only inf the Respondent signs and returns the Notice and Acknowledgment of Receipt to you or your attorney. That form in turn must be filed along with a Proof of Service by Mail to be valid. If the opposing party does not sign and return the Notice and Acknowledgment of Receipt, sending the Summons and Petition by Mail is not effective. This process is typically used where the opposing party knows the papers are coming, will cooperate, and does not want a process server visiting him or her at work or home.

If someone is avoiding service there is a process for what is called "substituted service" by leaving the papers with someone in the household of responsible age. There are other requirements for this kind of service, and you may leave yourself open to the opposing party challenging the validity of service, so this should only be used as a last resort. Finally, if you do not know where the opposing party is to have him or her served, it is possible to serve someone by publication. this requires publishing notice in a local publication for a specified period and requires an order of court. If you do not know where your spouse is, you should probably consult with an attorney for help. It is necessary to file a motion specifying the efforts made to locate the person and demonstrate it is not possible to locate them.