When completed, the certification of service becomes part of the record.

The process server (typically the sheriff’s office) completes this document immediately after he or she hand delivers the summons and petition or complaint to the non-filing party. It is this time stamped and dated document that is delivered back to the filing party to use as verification with court that proper service has been preformed. A divorce case is at a standstill until proper notification has been verified by the court.

Similar to a certificate of mailing, but rather the summons and petition or complaint are not mailed to the non-fling party, but rather hand delivered by a process server. This is certainly a more bullet-proof method of notification of the divorce if it is in question by the court.

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1. Serving Your Spouse
   Once you or your lawyer files the initial paperwork (the petition or complaint), a copy must be served to your spouse (unless service has been waived). This is done, so the court knows the opposing party is aware of the divorce. Once the opposing party is formally served, he or she will have a set number of days (20-30 depending on the state) to file an answer or response to the petition or complaint. If the opposing party doe not file an answer or response, then the case will proceed by default without his or her participation.
   Contributed on 6/19/2007 by: DivorceDex.com Staff

   Category: Divorce Procedure  (Applicable in All States)

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