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Difference between revisions of "Desk Order Divorce: The Do-It-Yourself Divorce Process"

From Clicklaw Wikibooks
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Someone who is being sued, even in an undefended divorce proceeding, must be given formal notice about the court case. Your spouse must be served by personal service, which means arranging for the filed Notice of Family Claim to be physically delivered to your spouse. You cannot serve the Notice of Family Claim yourself. You must get someone else, who is at least 19 years old to leave the Notice of Family Claim with your spouse, and your server must swear an Affidavit of Personal Service in Form F15 describing how, when, and with what your spouse was served.
Someone who is being sued, even in an undefended divorce proceeding, must be given formal notice about the court case. Your spouse must be served by personal service, which means arranging for the filed Notice of Family Claim to be physically delivered to your spouse. You cannot serve the Notice of Family Claim yourself. You must get someone else, who is at least 19 years old to leave the Notice of Family Claim with your spouse, and your server must swear an Affidavit of Personal Service in Form F15 describing how, when, and with what your spouse was served.


===What if you can’t personally serve your spouse?===
====What if you can’t personally serve your spouse?====
If you can’t personally serve your spouse, for example, because you don’t know where they live, other ways of letting them know about the court action are available. This is called '''substitutional service''' or '''alternative service'''. You must have a court order to use this type of service.
If you can’t personally serve your spouse, for example, because you don’t know where they live, other ways of letting them know about the court action are available. This is called '''substitutional service''' or '''alternative service'''. You must have a court order to use this type of service.


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