How To Serve Divorce Papers (What and When To Serve)

There are several ways to serve the divorce papers to the respondent. The appropriate service type depends on your situation, and choosing the correct method is critical. If the service is not done lawfully, the presiding judge can require you to re-serve the respondent which can impact your case in many ways.

It is also important to understand that this article deals with general information about service as it pertains to family law in Arizona. Other areas of law have their own rules of procedure which may differ from family law.

Service by Acceptance and Acknowledgment of Receipt

Service by Acceptance and Acknowledgement of Receipt is one of the easiest ways to complete the service process.

This method is ideal if you are still on speaking terms with the other party. To use this method, provide the respondent with copies of the divorce papers you filed with the court.

Then, the respondent will sign an “Acknowledgement of Receipt,” have it notarized, and return the form to you. If you use this method, the

“Acknowledgement of Receipt” is the proof of service you need to provide to the court.

Service by Private Process Server

If you are unsure of whether the other party will acknowledge receipt of the divorce papers, you can hire a private process server.

A private process server is a state-certified server. Before receiving their certification, they must pass a test showing that they are aware of the rules they need to follow to serve legal documents lawfully.

Process servers have experience that helps them effectively serve people. So, they can be a great tool when you are trying to get someone served quickly.

You can find a process server by searching the Yellow Pages, an online business directory, or the official list of process servers in the state.

The professional process server has to be certified. Otherwise, the court will not recognize the service as valid.

Service by Sheriff

An alternative method of service by way of county sheriff. To have the respondent served by the county sheriff, you need to contact the sheriff’s department in the county where the party lives.

There is a fee for this type of service, and you must contact the appropriate office to obtain the fees.

After the sheriff serves the party, they will provide a proof of service form you can file with the court clerk.

Substitute Service

It is always best if the party receives service personally; however, in some situations, that is not possible. Which is why there’s substituted service. Substituted service is when a private process server or sheriff serves someone who meets the criteria for substitute service.

Typically this will be someone else, of suitable age, at the respondent’s home who also lives at that address.

However, this is not always an option so it is important to discuss whether this is an appropriate means of service with an experienced family law attorney.

Service by Registered Mail or Courier Service

If you know the address of the person to be served, you may want to try service by certified mail or national courier service.

The delivery must be restricted to the person to be served and requires that the recipient sign for the documents. Once you receive the signed receipt from the post office or national courier service, you must then file the appropriate affidavit with the court and attach a copy of the signed receipt to the affidavit. While this option seems like a good idea because it is cheaper than hiring a process server, it can cause more problems and delay than it is worth.

If you are considering this option, you should discuss it with an experienced family law attorney to determine if it is appropriate for your situation.