QUESTION
Can my husband have me served with divorce papers just by having his attorney mail me a letter and a copy of the papers?
Asked on Mar 06th, 2013 on Divorce - Michigan
More details to this question:
Don't I have to be serviced by an officer of the court, i.e. someone from the county constable's office or a deputy?
11 ANSWERS
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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You can be served by mail, if you agree to sign a receipt for the papers. Otherwise, you must be personally served by a process server on the first time you have served with divorce papers. That can also be a police officer or deputy as well.
Answered on Mar 11th, 2013 at 3:33 PM
Family Law Attorney serving Rogers, AR
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Wright, Lindsey & Jennings LLP
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In Arkansas, Rule 4 of the Arkansas Rules of Civil Procedure govern service of lawsuits. There are many ways in which to provide legal notice to a defendant. In Arkansas, you can be "served" by accepting a certified mailing of a package containing a summons and a complaint. If you signed for a certified package (return receipt requested/restricted delivery to you) containing a summons and a complaint, chances are you were in fact served with the complaint.
Answered on Mar 08th, 2013 at 1:11 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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In Texas, you have to be served unless you voluntarily waive service. Just a regular mail letter from your spouse's attorney won't do the trick; it has to be done by a private process server or sheriff officer. However, it's a common practice for one party to waive service, particularly in uncontested cases. I recommend you get a lawyer's advice.
Answered on Mar 07th, 2013 at 11:59 PM
Service through his attorney is possible but you must sign and return a Notice and Acknowledgement for it to be proper service. If no notice was included then the service is not complete and the action can not go forward until you have been properly served.
Answered on Mar 07th, 2013 at 11:14 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, no; initial service must be in person unless you waive personal service.
Answered on Mar 07th, 2013 at 10:58 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Not unless you agree to accept them in that manner.
Answered on Mar 07th, 2013 at 9:28 PM
John Arthur Smitten
US mail is not good service.
Answered on Mar 07th, 2013 at 9:02 PM
You can be served that way because it is easier and cheaper. You are not technically served until you sign and return the notice and acknowledgment of service document. If you don't sign it, however, the other side might try to get the court to order you to pay for the process server since you were given the opportunity to accept service the easy way.
Answered on Mar 07th, 2013 at 8:49 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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Yes, you are correct. In California, papers sent to you by mail only is not effective service unless you sign and return a form known as a Notice and Acknowledgment of Receipt.
Answered on Mar 07th, 2013 at 8:49 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can receive the paperwork by mail and mail back a Notice and Acknowledgment of Receipt. If you don't mail that back (and you are in the same state), then they will have to have you personally served.
Answered on Mar 07th, 2013 at 8:46 PM
Dennis P. Mikko
If you agree to accept service and sign an acknowledgment of service, then the process explained will be satisfactory. Otherwise you will have to be personally served by a competent adult who is not a party to the action.
Answered on Mar 07th, 2013 at 8:45 PM