How Do I Serve the Divorce Petition?

How do I serve the divorce petition?    

                After filing the petition your spouse will need to be officially served with a copy of the petition and a summons.  As summons just simply says that a divorce petition has been filed at the curt and that if you do not file an answer within the time period (20 days if your spouse lives in Utah and 30 days if your spouse lives outside Utah) a default may be entered against your spouse.   You cannot personally serve your spouse unless your spouse is willing to sign a waiver of personal service or sign a document acknowledging that he has received the divorce petition.  The reason for personal service is that the court will want to make sure that your spouse has knowledge of the divorce proceedings.  Also, if your spouse does not respond to the divorce petition, a default divorce (meaning you win!!) can be entered against him/her.  

                You do not necessarily need to use a sheriff or even a constable to serve someone with the petition, but once again you cannot personally do this.  Your spouse must be served by someone over the age of 18 that does not have an interest in the divorce proceedings such as you or one of your children.  A friend can usually serve your spouse.  If you want to use a constable, at each court there is a box where the petition and summons can be left.  You then call the number that is on the box, pay the fee for service, and the constable will pick up the document and serve your spouse.  These boxes can be found by simply asking a court clerk where they are located.  The fees usually range from $35 to $65 depending on how difficult it is to locate your spouse.  I have seen some fees get over $100 when there are multiple trips to locate your spouse.  To avoid such costs, you should give the constable specific information on how to serve your spouse.  At work it usually the best because you know they will be there. 

                Service of your spouse can be done in person with the person serving your spouse personally handing the petition and summons to your spouse.  If they refuse to take the documents, the person serving can state what the documents are and then leave them for your spouse to take or not take.  This avoids the scene we have watched in movies and televisions shows where they hold their hands up in the air and refuse to grab the documents.   If your souse is not home at the time, the person serving can leave the documents with someone over the age of 18 at your spouse’s residence. To avoid these types of situations, I prefer to serve someone at work where they do not want a scene and where you know they are.

                After your spouse has been served, the person who served your spouse must complete an affidavit stating specifically how your spouse was served (personal, left documents, or other) along with the date and time of the service.  This is critical because the deadline for your spouse to file a response to the petition with the court (and avoid a default) starts from the day your spouse was served.  This affidavit must be filed with the court.

If you have further questions, please contact attorney Drew at andrew@gillilandlaw.com

NOTHING HEREIN IS INTENDED TO BE LEGAL ADVICE AND YOU MAY NOT RELY ON IT AS SUCH.  CONTACT AN ATTORNEY SHOULD YOU HAVE QUESTIONS.