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Serving the other party (and proof of service)

The law requires that your spouse be formally notified that a case has been filed. This is "service of process," and courts take it seriously — skip it or do it wrong and your case can stall.

Common ways to serve

  • Sheriff or process server hands the papers to your spouse
  • Certified mail, where allowed
  • Your spouse signs a waiver or acknowledgement accepting the papers (common in amicable cases)

You generally cannot serve the papers yourself by handing them over — a neutral adult or official usually must do it.

Proof of service

Whoever serves the papers fills out a proof (or affidavit) of service, which you file with the court. That proof is what shows the judge the other side was properly notified.

Your state's rules set the details — check your forms page, and CaseForward can add service of process as a paid add-on if you'd rather not arrange it yourself.

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This is general legal information for self-help, not legal advice. Laws vary by state and change over time. If your situation is complex or unclear, talk to a licensed attorney.