Q: I have filed all necessary paperwork, waited to 60 days. Can I serve my wife via certified mail?
I have filed all the necessary paperwork, waited the 60 days, and have tried to serve my wife myself however she is very obtuse to the situation and she’s just hoping it will go away. I am worried if I serve via a constable she will not answer the door. Can I serve her via certified mail?
A: An original petition must be served in person if she won’t sign a waiver of service. By the way, you did not have to wait 60 days from filing to serve, you have to wait 60 days after filing before finalizing the divorce. Once she is served, you have to give her at least 20 days to file an answer. If she does not file an answer you may then go before the judge to finalize.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.