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How Long Does It Take To Get Served

Man receiving confidential document

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When your spouse tells yous that she's filed a divorce petition, you lot'll probably spend the side by side several days waiting for a sheriff's officer to bear witness up at your workplace to deliver the papers. That scenario is more fiction than reality. Most states offer other more than pleasant options for service. In some cases, you lot may receive her papers the aforementioned day your spouse files them. In others, the procedure can take weeks or fifty-fifty months.

Fourth dimension Limit

Your spouse doesn't have to serve yous with her papers the aforementioned day she files them. However, almost states volition dismiss her petition or complaint if she doesn't go around to doing so within a reasonable period of time. The definition of "reasonable" varies among states. In California, it is two years. In other states, information technology is a matter of months. How long service takes depends on when your spouse begins the procedure.

Credence of Service

The fastest method of service is when you make arrangements with your spouse to voluntarily accept the papers. If yous've retained an attorney, he will usually accept them on your behalf. If your spouse has retained an attorney, you tin generally selection upwards the papers at his function and sign for them there. Your spouse tin can also give the papers to you personally in most states, equally long as you sign an acceptance of service or a waiver of official service. By any of these means, service should just accept a twenty-four hour period or two.

Mail

Some states allow for service by mail, either regular, certified or both. In this example, how chop-chop yous receive the papers depends on the United States Mail service. Some states will not allow your spouse to postal service y'all the papers herself; she must suit to have an uninterested 3rd party do it. This may take a little additional time, only it can all usually be accomplished in less than a week.

Sheriff or Process Server

If your spouse does choose to use the local sheriff to deliver the papers to y'all, or if your state but accepts service by this method, the time frame extends somewhat. Your spouse'south divorce petition will have to look for an available deputy or officeholder, then that officer must runway you downwardly during business hours to serve you. This tin can take up to a week. The process is commonly quicker if your spouse pays for a private process server to give you the paperwork. Private servers are non limited to working only during business organization hours and can phone call ahead to adjust to meet with you lot somewhere. Some states also allow a disinterested third party over the age of majority to hand-deliver the papers. If your spouse chooses whatever of these methods, you'll probably receive the papers inside about a week.

Publication

If your spouse doesn't know where yous're currently living or working, this tin can filibuster the process of service significantly. If you're trying to stay off the radar and avert service, she can usually serve you lot by publication in a newspaper in most states. Notwithstanding, this requires special permission from the court. The unabridged process can take months, considering nearly states volition crave her to diligently effort to observe y'all first.

Source: https://www.lawforfamilies.com/12717525-how-long-does-it-take-to-be-served-divorce-papers.html

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