Q: My wife filed for divorce. The papers were sent a month ago via certified mail. I have not received the papers.
The tracking indicates it is running late, but on the way. When I checked with the post office they said I should have received it by now, it was probably destroyed by their sorting machines. Not sure how to proceed or who to contact. I do not have an attorney due to finances. I let her and her lawyer know, but they said there was nothing to do but wait. There is a scheduling hearing Oct 12, 2022 and not sure what to do since I have not been served. Thank you
A: The Ohio Rules of Civil Procedure require that service must be completed on the opposing party prior to the court making any final rulings in the case. There is nothing to do until the papers are received from the post office, sheriff or process server. Parties who avoid service can be served by publication notice in a local newspaper. If parties are in agreement to go forward with a case they can file a waiver of service to absolve the filing party of the requirement to serve the court papers by certified mail, process server or sheriff. Parties should be aware of all court timelines and timelines for answering in filing any waivers.
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