Have you ever served someone court papers? If not, you’re probably unfamiliar with how complicated the process can sometimes be. Is knowing about the serving of documents that necessary? As it turns out, yes. Whether you’re filing a petition for the dissolution of a marriage, a petition to establish parentage, or something else, serving the opposite party with papers is critical before the court can hear the matter. It also falls on you to carry out this action.
Serving Papers to the Opposite Party in a Family Law Case
One of the ways serving papers can become complicated is if you don’t know where the other person lives. Or, maybe you do know, but they’re just never home when you go there to get them served. What can you do in a situation like this?
The best course of action is to hire an experienced family law attorney. A lawyer can alleviate the pressure and stress that accompanies serving papers. We have the tools necessary to make sure this service is effectuated.
What to Know About Service of Process
In the U.S., process service or “a service of process” is necessary for the Due Process of Law to be carried out. This procedure requires that anyone facing legal action against them needs to be notified.
To carry out the notification process, the person with legal action against them needs to be delivered a collection of documents that outline the charges. These documents will include writs, summonses, subpoenas, complaints, and other documents that explain everything they need to know.
As the law requires, the documents have to be delivered by someone not involved in the case. But it’s important to note here that there are limits on what a process server (the person serving the papers) can do to get the necessary documents in the intended’s hands. For example, they cannot trespass, pretend that they are a law officer, or use harassment or threats. Papers can sometimes be left with an adult (someone over 18), but they can never be left with a minor.
Suppose the process server can’t serve papers to the opposite party. In that case, there are sometimes motions that may be granted by the court to serve the documents with a public notice. A reputable family attorney can help you assess your options if you have trouble serving papers to someone.
Contact Mohajer Law Firm, APC to Book a Consultation Appointment
Suppose you’re filing for divorce, looking to establish parentage, or need assistance with another family law matter. In that case, the attorneys at Mohajer Law Firm, APC, right here in Arcadia, can help. We offer a free initial consultation to each potential client, so feel free to reach out.
You may contact us by phone or get a hold of us online. We are happy to sit down with you to discuss your case in more detail at any time!
[yotuwp type=”videos” id=”-tLxmDUkNbc” ]