One of the things you are required to do when filing for divorce is to serve your ex with the divorce papers. While this is an emotional time, you should find yourself a law firm that will guide you through the process with dignity and strong support. The Law Office of David Pedrazas, PLLC are ready to help you move along through the process as quickly and as painlessly as possible. Give us a call today and let us help get you started.
What Do I Do After Filing for Divorce with the Court?
After you have put together your petition for divorce and given it to the court, you must have the paperwork served to the other party.
Who Can Serve Divorce Papers in Utah?
The court will not serve the papers for you, so you need to get someone else to do it. You can hire a professional process server or in some jurisdictions you can get the Sheriff’s department to deliver it. This can be done in person or through the mail.
How to Serve Divorce Papers in Utah
How Long Do I Have to Serve the Divorce Papers?
You have 120 days from the initial filing to serve the papers. If you do not, the court might give you an extension, but they also have the right to dismiss the case as well.
Can I Serve Divorce Papers to My Spouse?
You cannot serve them yourself. You are required to have a third party deliver the papers.
Can I Give Papers to Someone Other Than My Spouse (like a receptionist at work or their mother)
Only the involved party may receive the paperwork unless someone else is acting on behalf of your ex, such as an attorney or someone who has the right to make legal decisions for the other party.
Where Do You Serve Divorce Papers?
At the spouses home, work, or wherever they might be staying during the process.
How to Serve Divorce Papers in Utah
They can be served through the mail or in person, as long as there is proof that the other party received them. So if you use the US mail, for example, it must be certified and signed.
What If I Cant Find My Spouse to Serve?
If you have made every reasonable effort to find your spouse but cannot, you can ask the court permission to publish the petition for divorce in the paper.
Serving a Spouse Under Special Circumstances
What If My Spouse Won’t Accept the Papers?
As long as you have attempted to serve your spouse and they have received notice of the divorce but refuse to accept, you will be able to show the court that you have done what you were supposed to. The judge may then give you a summary judgment and you will win the case by default.
What is a Private Process Server?
This is a company who will deliver the summons for a fee. They will usually do the paperwork showing that they have made the delivery.
What Do I Do After My Spouse Has Been Served?
Your spouse has 21 days to answer. When they do, you will have to complete a financial declaration. Then, depending on their answer, you will go to either mediation or potentially a trial.
Still Have Questions about Filing for Divorce in Utah?
If you still have questions about filing and serving your spouse divorce papers in Utah, contact the Law Firm of David Pedrazas for a 30-Minute Consultation or give us a call at (801) 263-7078.
