When you file your divorce petition, you are telling the court what you want, and why you should get it. However, your court's clerk also needs a way to prove that your spouse has received notice of the proceedings. This record is called a "summons".
The summons is the document that calls your spouse to court. It warns him / her of deadlines and generally sets out his / her rights. It tells him / her, for instance, that he / she has a certain number of days to let the court know if he / she is going to defend the case against him / her. It also reminds him / her that he / she can employ counsel, and that he / she should read the petition to further understand why he / she is being sued. Finally, the summons proves to the court that you have given your spouse notice that you want a divorce.
In addition to your spouse's usual location, such as his / her home or work address, the summons tells the court's clerk how best to notify your spouse of your request for a divorce. It is a good idea to explain when your spouse is likely to be where if you are serving by sheriff. This way, you have a better chance of having your summons delivered. An example of these instructions would be written at the bottom of the summons, and would contain such information as your spouse's work shift, and times he / she is most likely to be home.
There are several accepted forms of notice. The most common is by registered or certified mail. Your spouse or someone acting for him / her has to sign to receive the mail, and so you have proof that he / she got notice of your intentions.
If he / she is not likely to pick up mail, then you can ask the sheriff to personally deliver copies of your divorce papers to your ex. This often costs more, but it may be the only way you can prove that you let your spouse know what you were planning to do. If you decide on "service by sheriff", then the sheriff's department will provide the proof that your spouse was notified.
If you don't know where your ex has gone, you can ask the court to let you serve him / her by publication. Your summons appears in the local newspaper. It is hoped that someone who knows your ex will tell him / her about the divorce, and he / she can then defend his / her interests. If he / she doesn't actually hear about it, you are still considered to have notified him / her, and you can proceed with your divorce.
If you and your spouse can cooperate, you may be able to serve each other personally. This means that the spouse who is being asked for a divorce can sign the summons in front of a notary so that the court knows he / she is aware of the divorce. If you do that, make sure your spouse verifies that he / she knows what he / she is signing. A sentence like "I understand that my wife Susie Q is requesting that the Blank Circuit Court end our marriage of January 2, 2001 should be enough proof that he / she understood your intentions.
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Lucille Uttermohlen has been an attorney for 27 years. If you have questions about the legal process, visit Lucille at
http://www.couple-or-not.com for lots of free information, and answers to your legal questions by email.
