How do I serve my spouse divorce papers in Maryland?
Serving divorce papers is the formal way of notifying your spouse about initiating divorce proceedings. Proper service of divorce papers ensures that the divorce proceedings are legally recognized and that both parties are given a fair chance to respond and participate. Failure to serve the divorce papers correctly can delay your case or result in dismissal.
Keep reading to learn more from our Howard County divorce lawyers. We’re here to ensure you comply with the state’s legal requirements and start your divorce process smoothly.
First things first: Preparing the divorce papers
Before serving the divorce papers, you must file a Complaint for Divorce with the Circuit Court in the county where you or your spouse resides. Along with the complaint, you will need to prepare and file other necessary documents and financial forms. There is no need to file a proposed settlement agreement with the initial filings in Maryland. That will occur later at the hearing.
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How do I serve my spouse divorce papers in Maryland?
1. Choosing the method of service
In Maryland, there are several methods to serve divorce papers:
- Personal service: This is the most common method where the papers are delivered directly to your spouse by a Sheriff or a private process server.
- Service by mail: You can mail the documents using certified mail with return receipt requested. This method requires your spouse to sign for the documents, providing proof of service.
- Substituted service: If you cannot serve your spouse personally or by mail, you might be able to use substituted service by leaving the documents with a responsible adult at your spouse’s residence or place of business.
2. Using a Sheriff or private process server
For personal service, you may hire the local Sheriff’s Department or a private process server to deliver the divorce papers. This service ensures that your spouse receives the documents and provides a legal Affidavit of Service, which is proof that the papers were delivered according to legal standards.
3. Completing the proof of service
Once your spouse has been served, the person who served the papers must complete an “Affidavit of Service” form, which you must then file with the Court. This affidavit is a critical document that verifies to the Court that your spouse was properly served according to Maryland law.
What if I cannot locate my spouse?
If you cannot locate your spouse, you may apply for a Court Order to serve by publication or posting. Serving by publication typically involves placing a notice in a local newspaper where your spouse is last known to reside. You must prove that you diligently searched for your spouse and that serving by publication is your last recourse.
Legal assistance from Coover Law Firm, LLC
Navigating the process of serving divorce papers can be complex and emotionally taxing. Coover Law Firm, LLC is equipped to assist you through your divorce proceedings. Our experienced attorneys can help prepare your initial filings, advise on the best service method, and ensure all legal protocols are followed to secure your interests.
Call us for support and guidance
Understanding how to serve your spouse divorce papers in Maryland is fundamental to proceeding with your divorce. Following the proper legal procedures will help facilitate a smoother divorce process. If you have questions or need assistance serving divorce papers, contact Coover Law Firm, LLC at (410) 553-5042. Our knowledgeable team is ready to support you through this challenging time.
Properly serving divorce papers sets the stage for the proceedings to follow and is crucial for maintaining the legal integrity of the divorce process.