Divorce can be a complicated matter, and it is made even more complicated when you and your spouse do not live in the same state. Once you have a lawyer help you determine the appropriate jurisdiction for your divorce, you then have the obligation to notify your spouse that you have filed for divorce and give them a chance to respond.
Why Service is Important
There is a requirement by any court in any state that you must serve your spouse with notification of the divorce. This service generally has to be done in such a way that there can be no question your spouse received the notification. Usually this requires in-person service. While there are other options than in-person service, such as publication or certified mail, it is up to the judge whether or not these are valid options. Generally, you will need to attempt in-person service before other options will be made available by the judge.
Hiring a Process Server
The best way to serve your spouse with divorce papers out of state is through a process server. A process server can be hired across state lines. You will need to hire a process server who resides in the state and county in which your spouse resides. In some cases, such as in Florida, the process server must be registered and certified with the county in order to serve papers. This generally means you cannot hire a local process server to travel across state lines to serve the papers, even if you live near the border of your state. Continue reading
Divorce is often a messy, emotional, and stressful process. This is especially true for couples who don’t mutually agree to their divorce. The spouse who files for a divorce is known as the plaintiff, and that person has a legal requirement to serve a copy of the divorce petition and summons with the other spouse, known as the defendant. This seemingly simple task of delivering papers to the defendant’s home becomes very difficult if that spouse no longer has a confirmed address. So what should you do if you can’t locate your spouse in order to serve divorce papers and get such an important process started? Continue reading
Nobody ever expects to come face to face with bankruptcy, but financial problems have a tendency to arise unexpectedly and spiral out of control. While some people can overcome their debt, others have no path forward without declaring bankruptcy. If you are one of the millions of Americans currently facing bankruptcy, you may fear that every noise outside is a process server coming to serve your court papers.
This may be especially true if your bankruptcy situation is different from the majority of cases seen each year. Most cases involve a defendant discharging debts that he or she cannot pay, but some people also become defendants in adversary proceedings. An adversary proceeding is a separate lawsuit filed within your bankruptcy case when a creditor or bankruptcy trustee files a complaint. A creditor might challenge your ability to discharge their debt, or a trustee might seek to regain property that you sold before your bankruptcy. These added complications can make the bankruptcy process even more miserable. Continue reading
It is no secret that most police officers now wear body cameras to provide clear and unbiased visual evidence in the case of a crime or troubling event. However, police officers aren’t the only ones who must frequently place themselves in harm’s way to do their jobs. Process servers also find themselves in risky and potentially violent situations when they serve papers to recipients that respond with anger and violence.
It is for this reason that in 2016, Illinois State Representative La Shawn K. Ford introduced Illinois Bill HB 6327, which would require process servers to wear body cameras if completing service of process in counties with populations of more than three million people. According to the language of the bill, the bill would require process servers to record all attempts to serve process. In addition, the process server company would be responsible for storing the video data until the case in question had been fully adjudicated. Continue reading
Taxes can’t be avoided, and it’s officially the time of year when tax deadlines start to loom. Each profession lends its own unique requirements to tax time, and that includes process servers. To avoid being served papers by a fellow process server for tax delinquencies, it’s important for all process servers to properly compile and file their taxes with precision.
Be Proactive: Keep Close Records
If you don’t keep adequate records of your expenses and income throughout the fiscal year, you will find yourself with a complicated nightmare when you sit down to file your taxes. Sales, payroll, purchases, and supporting documents should all be part of your record keeping process. Continue reading
A subpoena might sound like something that belongs strictly in episodes of Law & Order, but the truth is that you might find yourself served with a subpoena without expecting it. Since subpoenas come in many different forms and are governed by specific laws, it might be helpful to understand the basics.
What is a Subpoena?
At its most basic form, a subpoena is a court-ordered demand to do some specific action. There are two main types of subpoenas: the kind that requests that you provide a specific document, and the kind that requests your appearance in court to testify or provide some type of information. The majority of subpoenas relate to divorce, child custody, personal injury, and criminal cases. For example, a doctor might receive a subpoena for blood test information, or an employer might receive a subpoena to provide employee records. Other document examples include medical bills, computer files, and income tax returns. When people are asked to speak in court themselves, it is because they might have information that is pertinent to the case. It is important to know that a subpoena is not an optional request. If you fail to complete the task demanded in your subpoena, you can be fined and/or put in jail. Continue reading
Just this month, the Vancouver government in British Columbia responded to a pressing problem it noticed regarding victims coping with abuse by family members. Nearly 2,000 protection orders are issued every year in British Columbia, with 1,000 of them issued when the respondent fails to present him or herself in court. In order to ensure more efficient safety and protection for those experiencing or at risk of family violence, the government will now provide professional process servers for delivery of protection orders for no cost. The new rule is applicable in all regions of the province and marks a major step of progress in victim advocacy. Continue reading