QUESTION

Can the divorce papers be served via mail or do they have to physically be served?

Asked on Mar 10th, 2016 on Divorce - Utah
More details to this question:
My wife of 8 years and I just split. We will be divorcing. I left the house so I don't have a permanent address yet. Thank you.
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1 ANSWER

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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Great question. You can serve a complaint for divorce and the summons upon your spouse by mail. Here?s what the rules require: See Utah Rules of Civil Procedure, Rule 5 and the Appendix of Forms Service of the summons and complaint by mail requires: The summons and complaint may be served upon an individual other than a person under 14 years of age or an person judicially declared to be of unsound mind or incapable of conducting the person's own affairs by mail or commercial courier service in any state or judicial district of the United States provided that your spouse's attorney or agent authorized by appointment or by law to receive service of process signs a document indicating receipt. Service by mail or commercial courier service is complete on the date the receipt is signed, so long as the receipt is signed by the your spouse, your spouse?s attorney, or agent authorized by appointment or by law to receive service of process, and so long as proof of service is filed with the court, usually in the form of an affidavit. You can also see if your spouse will waive form service of the summons. If your spouse refuses a request for waiver of service submitted in accordance with this rule, the court shall impose upon your spouse the costs subsequently incurred in effecting service. If you mail or otherwise deliver the request for waiver of service and a copy of the complaint to the person upon whom service is authorized, include in your request that you shall allow your spouse at least 21 days from the date on which the request is sent to return the waiver, or 30 days if addressed to a defendant outside of the United States, and include notice 1) that a lawsuit has been commenced against the person, 2) that a copy of the complaint and an extra copy of the waiver form, is attached to your request and notice; 3) that the complaint has been filed in the District Court for the County in the State of Utah where you filed it; 4) what the case number assigned to the case is; 5) what the courthouse address is where the answer to the complaint needs to be file; 6) that the request is not a formal summons or a notification from the court, but rather a request that the person sign and return the enclosed waiver of service in order to save the cost of serving a judicial summons and an additional copy of the complaint; 7) that the cost of service will be avoided if a signed copy of the waiver is received within 20 days after the date your Notice and Request is sent; 8) that you provided with your notice and request a stamped and addressed envelope (or other means of cost-free return) for your spouse?s or spouse?s attorney?s or agent's use; 9) that if your spouse or attorney or agent complies with your request and returns the signed waiver, it will be filed with the court and no summons will be served; 10) that your spouse must answer the complaint within 45 days from the date you sent the notice and request; 11) that the signed waiver is not returned within the time indicated, you will take appropriate steps to effect formal service in a manner authorized by the Utah Rules of Civil Procedure and will then, to the extent authorized by those Rules, ask the court to require your spouse to pay the full costs of such service; and 12) a statement concerning the duty of parties to waive the service of the summons.
Answered on May 20th, 2016 at 4:14 AM

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