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how long does it take to be served divorce papers?

flmomma08's picture

I'm going nuts over here. I sent in my divorce papers on 9/4. I know they were received because the check I sent was deposited. How long does it normally take for someone to be served divorce papers and will I even know when it happens?

hereiam's picture

Did you hire a process server to serve the papers or are you going through an attorney? If you are just counting on your county to do it, don't hold your breath. I think they have the local sheriff do it and they are in no hurry to get it done. At least, that's how it works in my area.


flmomma08's picture

The attorney I have been dealing with advised me to file for divorce on my own and then she will handle the custody part. I'm pregnant so I won't be able to have custody finalized until after baby is born anyway but I wanted to at least get the ball rolling on the divorce. I didn't hire a process server - I just filled out a form in the divorce packet requesting that he be served. I'm not sure who handles it, to be honest.

hereiam's picture

Yeah, the court doesn't care if it ever gets served, to tell you the truth.

DH had to serve BM to terminate CS when SD got married. DH filed with the court, paid the fee, and the sheriff's office waited until THE last day to even try (they have 30 days). And, of course, she didn't get served so we had to start over (which meant paying the court's serving fee again).

I found a process server for $50.00 (this was back in 2009) and she was served in 2 days. Look around, a lot of them that I found wanted $150.00, I found a PI who did it for $50.00. I didn't even have to pay him until he gave me proof that she was served. Best 50 bucks we ever spent. And the last 50 bucks that BM cost us!

We have a court website, so I could see when the sheriff tried to serve her. It was Chrismas or Christmas Eve. Absurd. I doubt they even tried.

flmomma08's picture

Ugh! Thank you for the info. I am going to look into that today. I had the option to publish it in the newspaper but I really don't want to do that unless I absolutely have to. I've only told a couple people that I filed.

Rags's picture

When my bride finally took the SpermIdiot to court fo a CS modification after 9 years we did not hire a process server.  However, DW's BFF's father was the chief of police and then the Sheriff after he retired from the PD.  He made sure that the SpermIdiot was served in a timely manner by making a call to the Constable's office.

The fun part.... the SpermIdiot actually ran from the Constable when he was approached to be served. This was after the SpermIdiot refused delivery of the summons on several occassions.  In the end it was all mute.  In discussion with the DA's office which is the office that handles CS modification actions we learned that refusal to accept deliver of a summons qualifies as successful delivery of process service from a legal perspective. So, his refusal to accept delivery from the USPS on the first delivery attempt constituted legal acceptance.  So, after he refused delivery on several occassions then ran from the Constable the hearing went forward without the SpermIdiot or his legal counsel present.  His CS was increased by nearly 600%.  When he received his first $0 pay check after direct payroll withholding was invoked at the hearing he was not at, that brought him screaming into the DA's office to whine and cry that he didn't even know about the hearing.

In hind site, we should have used a service to serve him and stipulated that it happen at his work.  Just to make him squirm.