If it's impossible for two parties to resolve a dispute, the matter can often end up in a court of law. One party may be keen to move forward in this fashion, but it is far from unusual for the other to be recalcitrant. In this case, it is important to engage that other party and make them aware of what is happening. To do this, certain documents will need to be served to the individual in a carefully structured fashion. If you are ready to press ahead with a divorce, you need to focus on this stage of proceedings but may not be able to serve the papers yourself. Why is this, and what should you do?
What the Law Says
A number of different laws cover the service process, and they do vary depending on the type of document itself. Typically, an initiating document (to commence the first stage of the proceeding) has to be served to the other individual in person, although other documents later in the process can be sent via mail.
Who Can Serve?
Federal family law rules also dictate that the person who is initiating the matter cannot serve the actual documents to the other party themselves. For some people, this is good to know, while others may have a better relationship with their ex and may have been inclined to give them the documents instead. No matter the relationship status, it's very important for this process to be completed properly, and you would be best advised to engage the services of a professional to help you. They will be fully aware of the requirements and, crucially, will be impartial so they will not exacerbate what may be (in certain circumstances) a delicate situation. Remember, the person who serves the document will also have to sign an affidavit that can be used as evidence in the court, should there be any dispute about the process or outcome. They may also be required to confirm the identity of the person who they served by reference to an existing photograph on file.
Getting It Done Properly
Don't take any risks at this stage of the proceeding, and make sure that all the documents are correctly distributed before the case can go ahead. Talk with a professional personal process servicing company to get their help, and you will be unlikely to run into any problems at all.Share