After you have prepared and filed all the forms required to get divorced in Minnesota, the next step is to have those papers served to your spouse.
Service of legal paperwork is a critical part of the legal system. It ensures all parties involved are aware of the lawsuit and have an equal opportunity to appear in court and argue their position. It prevents a person from being blindsided by legal action and consequences.
There are two main options provided by the state of Minnesota for service of divorce paperwork. If you are the petitioner, you have the option to choose one of these two options:
- Mail documents: If you believe your spouse will cooperate, you can mail documents to them and provide them with an acknowledgement of service form for them to sign and return. You can also include a return envelope with postage to make it as easy on them as possible. Once you receive the signed acknowledgement form you can file it with court and the case can proceed. However, if your spouse refuses to sign the paperwork you will need to proceed to the next option.
- Personal service: If you have reason to believe your spouse will be uncooperative or if you have tried mailing and it did not work, you can contact a professional process server or the local sheriff to have them personally serve your spouse. This involves them locating your spouse and physically handing them a copy of the summons and divorce petition. The person performing the service can then complete an affidavit of service and return it to you. You will then file that form with the court.
For more information about how service works and what to do in special circumstances (such as a spouse who is hard to locate or is in jail), contact an experienced Minnesota divorce lawyer at Appelhof, Pfeifer & Hart, P.A.
