Process servers often have to adjust their methods, depending on what kind of case they are working on.
Serving process to a CEO in a corporate office requires different tactics than serving a hard-to-find defendant in rural Montana. But what about divorce cases? In many ways, serving process in a divorce case follows the same steps as any other assignment. However, a process server taking care of divorce paperwork may want to take some special precautions and actions to make sure that everything goes smoothly.
What does it mean to be a divorce process server?
Most process servers work on all kinds of cases. Although a server could technically specialize in divorce cases, it’s more typical for servers to include divorce paperwork in the long list of legal documents they will serve to defendants.
Divorce process servers are neutral third parties who deliver legal documents according to the specific rules of the jurisdiction where they are operating. There are different rules in each state, and some cities and counties even have their own rules for process servers.
Serving divorce papers involves:
- Locating the individual who is being served
- Confirming the identity of the individual
- Hand-delivering the legal documentation to the recipient(or following the jurisdictional rules for other types of service)
- Documenting the successful delivery of service (or failure to serve if service is unsuccessful)
Divorce papers usually include both a legal summons and a petition for divorce. These forms build the foundation for the legal proceedings that culminate in a divorce.
Who can serve divorce papers?
Any individual who has a legal right to serve process can serve divorce papers. However, it is important to understand who can be a process server, and this varies from state to state.
For example, states like Alaska and California have licensing requirements for their process servers, but Utah and Pennsylvania don’t require any specific licensing. Meanwhile, New York state doesn’t require licensing, but New York City does.
In general, process servers have to meet these basic requirements:
- 18+ years old
- Unrelated to the case
- Licensed, if licensing is required
- No criminal record
- Reliable transportation
- Ability to investigate
- Strong technology skills
Advice for process servers of divorce documents
If you are serving divorce papers to a named party, use smart strategies to get the job done well. At Firefly Legal, we work with a nationwide network of process servers, many of whom serve divorce documents on a regular basis. Here is what we’ve learned about smoothly and effectively serving divorce papers.
Maintain professionalism in the face of big emotions
Divorce papers can be expected, or they can be a big surprise. Regardless of the circumstances of the divorcing couple, your responsibility as a server is to maintain professionalism and discretion.
Because divorce is a delicate issue involving complex relationships and lots of emotion, you will want to serve papers with discretion. Do not aim to embarrass the recipient, which is exactly what happened when a process server delivered divorce docs to actress Olivia Wilde while she was on stage at CinemaCon in 2022.
Instead, consider that the recipient of divorce papers may be upset, angry, or overwhelmed by receiving these legal documents. Offer sympathy and understanding, but do not get emotionally involved with the recipient.
Follow all legal rules and procedures
Every time you serve process, it is important to respect and follow the rule of law—but that is something you already know! In divorce cases, abiding by jurisdictional rules helps to ensure accuracy and efficiency. When you get the job done right, the court proceedings can be carried out effectively.
This involves:
- Serving papers in person, unless the jurisdiction allows the use of certified mail
- Keeping detailed, specific records of the service of process, including failed and successful attempts
- Using skip tracing techniques to track down difficult-to-find parties
- Consulting advice from an attorney or your agency if you are unsure about legal requirements for a specific case
- Appropriately documenting any resistance to service of process
Prioritize confidentiality
As a process server, one of your responsibilities is to maintain confidentiality for all parties.
This ethical obligation extends beyond simply delivering documents and encompasses every aspect of your work. The personal details contained in divorce filings—financial information, allegations between spouses, and details about children—are highly sensitive and private.
Process servers who discuss case details with unauthorized individuals not only risk their professional reputation but may also violate privacy laws in certain jurisdictions! It is a requirement of the job to maintain strict information security by keeping documents secure during transport, avoiding public discussions of cases, and properly disposing of any notes or information once service is complete.
Remember this: your professional discretion directly impacts the dignity of those involved during an already difficult time in their lives.
Safety considerations for divorce process servers
When serving divorce papers, your safety should always be your top priority. Divorce situations can be emotionally charged, and respondents may react unpredictably when receiving papers.
Consider these safety precautions:
- Research the individual before attempting service
- Serve during daylight hours when possible
- If you feel unsafe, retreat and try again later
- Consider bringing a colleague on potentially volatile service deliveries
- Always maintain a clear path to exit
- Trust your instincts; if a situation feels dangerous, leave immediately
FAQ for divorce process servers
How many attempts should a process server make before trying alternative service methods?
There is no universal answer to this question. However, most jurisdictions and attorneys consider 3-5 genuine attempts at different times and days to be reasonable due diligence.
To demonstrate your sincere attempts, document each one thoroughly, including the date and time of the attempt, as well as your observations about what happened. After multiple unsuccessful attempts, consult with the attorney about pursuing alternative service methods such as service by publication, posting, or other court-approved alternatives.
What information does a process server need to successfully locate someone for divorce papers?
The more information provided, the better chance you have of completing a successful service of process.
Useful information includes:
- full legal name
- recent photograph
- home address
- work address
- vehicle description and license plate
- daily schedule/routines
- phone numbers
- social media accounts
- names/addresses of relatives or friends they might stay with
Even seemingly minor details like hobbies or regular hangout spots can make a difference in locating difficult-to-find individuals.
Is it legal to serve divorce papers at someone’s workplace?
In most jurisdictions, serving papers at a workplace is legal, though it should be handled with discretion. Process servers should attempt to serve the individual privately, such as during a break or lunch period, rather than in front of colleagues or customers. However, some workplaces have restrictions on visitor access, and certain employers (like military bases or secure facilities) may have special protocols.
Always check local laws and consider workplace service as a secondary option if home service attempts have been unsuccessful.s to play a critical role in property seizure assistance and evidence or testimony related to asset forfeiture.
Ready to serve divorce papers? Partner with the professionals at Firefly Legal
When it comes to serving divorce papers, attention to detail and professional conduct are essential for successful, court-compliant service.
At Firefly Legal, our nationwide network of experienced process servers understands the unique challenges of divorce cases. Our servers approach each assignment with the highest standards of professionalism, discretion, and thoroughness.
Whether you’re an attorney needing reliable service or a process server looking to join our team, we offer comprehensive support and resources to handle even the most complex divorce service situations.
Contact Firefly Legal today to discuss how we can assist with your divorce process serving needs anywhere across the country.
