Divorce can be a trying time for anyone. It is not only emotionally scarring; the legal proceedings that go with it are fraught with papers and documents that need to go from one party to another.
If you are trying to get one document to your spouse, you might have considered delivering them yourself. This is a mistake. In Maryland and many other states, it is illegal for parties undergoing a divorce to deliver papers to each other. This can put one party in danger and be damaging to a divorce case.
You will need other parties to serve your spouse with divorce papers. In this article, we will go over who can serve papers and why a Maryland process server is superior.
According to state laws, no two parties in a divorce can deliver papers to each other. In fact, anybody tasked with document transport and delivery needs to be a third party. More importantly, the third party must not be involved in the divorce case in any way.
On paper, anyone can deliver divorce documents as long as they are not a party in the case, as long as they are 18 years of age.
Anyone who satisfies the above-mentioned criteria can serve documents. Legally, these people are servers. You have to make sure that the people you have serving as friends or co-workers would be willing tom testify in your case if the serve is called into question.
If the court designates servers, the servers need to deliver documents according to the court and state’s standards. Each state has their own law as to when you can serve, who can accept service, and age of authority to accept service.
Servers also need to fill out forms that prove the successful delivery of the documents which are also known as affidavit of service. This form needs to contain the time, place, and person to whom the divorce papers were given. This form needs to make it back to court to be part of the divorce case files. In some states if you are performing service for an outside state you will need to have the affidavit of service notarized.
Serving divorce papers is not always as simple as delivering documents. At times, there are complications. For such contingencies, a Maryland process server can ensure the legal and professional delivery of divorce papers.
A Maryland process server can also ensure the delivery of divorce documents in the following difficult scenarios:
One person refuses to receive the papers.
The spouse is uncommunicative.
The spouse cannot be located.
There have already been numerous failed attempts at serving divorce papers.
Many situations can complicate the delivery of divorce papers in Maryland. Often, these challenging contingencies are the result of the effects the divorce had on two parties.
If document delivery is proving to be too time-consuming or complicated for third parties, do not attempt to deliver documents yourself. Instead, hire a Maryland process server.
At EGA Process Serving, we specialize in serving documents professionally, efficiently, and affordably. Choose EGA serving for process serving that you and the courts can rely on.