What people going through a divorce in Missouri sometimes don’t realize is that a divorce is litigation, with one spouse suing the other. When people are sued, they must be given formal notice that they have been sued. This formal notice is commonly referred to as “service of process” or “being served.” When a spouse is served, that person will receive a summons (a document stating that the divorce has been filed) as well as a copy of all documents that have been filed in court.
There are several methods to choose from to serve your spouse, each with its own advantages and disadvantages:
- Special Process Server: This is a person you hire to deliver the summons and other paperwork to your spouse. Because a special process server’s job is to get your spouse served as quickly as possible, he will go to any location to find and serve your spouse. Often, a special process server will ask for a picture of your spouse for identification purposes. The primary advantage of this method is that it is generally the fastest and most reliable. Also, you can give the special process server multiple locations for your spouse. This is a good option if you do not know where your spouse is during any given time. The main drawback is that it is the most expensive as special process servers charge a service fee and are reimbursed for travel expenses.
- Sheriff: This method is similar to hiring a special process server in that you are hiring a person to serve your spouse; however, there are several important differences. The cost to have a sheriff serve your spouse is minimal, but you can only give the sheriff one address to serve your spouse. Additionally, a sheriff will only attempt to serve your spouse as time permits. Sheriffs have many job duties, only one of which is serving people with lawsuits. So it generally takes much more time to get a spouse served by a sheriff as opposed to a special process server.
- Waiver of Service: This entails merely mailing a copy of the summons and the other paperwork to your spouse along with a document called a “Waiver of Service.” By signing a Waiver of Service, your spouse is acknowledging receipt of the summons and the other court documents. This waiver is then filed with the court and your spouse is considered served. This is much less costly than appointing a special process server and it is the least confrontational method. However, it can end up taking the most time, e.g., when a spouse is indecisive or non-responsive and fails to return the Waiver of Service. If your spouse fails to return the Waiver of Service, you are then forced use one of the service methods discussed above.
Before serving your spouse, ask yourself several questions:
- Where should you have your spouse served?
- Do you want your spouse to be served at work?
- Is it a good idea to start the litigation with your spouse potentially feeling embarrassed by this?
- Should you serve your spouse at home where it is more private? At another location?
- Do you want your spouse to be served at work?
- Is the divorce going to be amicable or contentious?
- Is your spouse going to try to avoid being served?
- Does your spouse know that you have filed for divorce?
Your answers to these questions will help you determine which method you use to serve your spouse.
Posted by Attorney Christopher D. Vanderbeek. Vanderbeek is involved in the evaluation and defense of workers’ compensation and other insurance claims, protecting the interests of employers and insurers. He also represents individuals in domestic litigation matters such as divorces, child custody, and divorce modifications.