Serve a copy of the summons and
complaint on your spouse by hiring a process server or law enforcement officer.
After you file, you must arrange to serve a copy of
your complaint on your spouse.
After you file the divorce complaint, you must serve a copy of
the complaint on your spouse.
By jointly filing, you do not need to follow the time - consuming steps of serving the divorce
complaint on your spouse and waiting for him to file an answer.
Not exact matches
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If uncontested, meaning both people consent to the divorce and have agreed
on the settlement terms, you or your
spouse can file a divorce
complaint after completing the requisite period of separation.
Discussing these things
on a limited basis with one very close friend, relative or professional is probably healthy but disgorging and rehearsing every event, feeling and fear to multiple people multiple times each week only serves to magnify the
complaints and exacerbate the fear and results in exaggerated suspicions and the imputation of deception and dishonesty to your
spouse, resulting in an inability to ever be satisfied with the answers demonstrated by even the most credible evidence.
Special considerations may apply if you or your
spouse are serving in the military, have filed a relief from abuse
complaint, or have agreed
on all issues before either of you files a divorce
complaint (this is called a stipulated divorce).
If the defendant (meaning, the
spouse who isn't asking for a divorce) lives in Alabama, then the plaintiff (the party asking for the divorce) should file the summons and
complaint (the legal papers that initiate a divorce, specifying the reasons the judge should grant it and requesting the division of property, child custody, and so
on) with the circuit court in the county where the defendant lives.
The plaintiff must file a Summons and
Complaint and «serve» it
on the defendant
spouse by providing him or her with a copy of all the papers filed in the case.
Once you file this document and any other documents your state requires with the court, you must serve a copy of the
complaint and a summons
on your
spouse.
That
spouse then serves the petition or
complaint on the other
spouse, often by having a sheriff's officer or private process server hand - deliver the papers.
Usually, a period of time must elapse between the date your
spouse receives your
complaint for divorce and the date the court will finalize your divorce, even if you're in agreement
on all issues.
The filing of a
complaint and answer opens the door for
spouses to resolve some issues
on a «pendente lite» basis, or until the divorce is final.
You and your
spouse can live separately for years, but you can't legally move
on with your lives until you bring the court in
on the process by filing a petition or
complaint for divorce.
Once you file the
Complaint and pay the filing fee, the court will return a Writ of Summons which you must serve
on your
spouse.
Call the county sheriff, if you've submitted your divorce
complaint to the sheriff for service
on your
spouse.
It is often necessary for the defendant to file an answer to a divorce
complaint if the
spouses have not reached an agreement
on the division of significant assets or child custody arrangements.
She must serve a copy of this
complaint, along with a summons and other appropriate paperwork,
on her
spouse.
Therefore, if your
spouse dismisses his
complaint or petition for divorce, your divorce can still move forward based
on your counterclaim.
If the
spouses do not have any children, they must wait at least 60 days after the date the
complaint was filed before the court can enter a final judgment
on the
complaint.
The filing
spouse must complete service of process
on the receiving
spouse, which means serve him or her with copies of the
complaint and all other documents submitted in the initial filing with the Clerk's Office.
On your
complaint, you must indicate your name, your
spouse's name and the names of any children you have together.
The new grounds do not place blame
on either
spouse, and do not require a year of separation, but the divorce
complaint must state that the marriage has been broken for at least six months.
The forms differ depending
on whether a party has children and also
on whether he or she is the plaintiff, who is the
spouse who initiates the divorce or the defendant, who is the
spouse who receives the papers and responds to the
complaint.
A copy of the
complaint should also be served
on the
spouse.
You must serve the
complaint and summons
on the other
spouse and give your
spouse the opportunity to respond to the allegations in the
complaint.
The court will have a summons, a waiver and a copy of the
complaint served
on the other
spouse.
Technically, your divorce petition or
complaint doesn't expire if you don't serve it
on your
spouse — but the corresponding summons does.
The
complaint and summons must be served
on the opposing
spouse, which can be done by anyone over the age of 18 who is not the plaintiff.
You can have your lawyer file for divorce and serve the filed divorce
complaint and a summons
on your
spouse, starting the divorce litigation process in court.
Generally speaking, you can expect your divorce process to take between 45 - 60 days from the date your
Complaint is filed until your Judgment is granted, depending
on how long it takes to serve your
spouse.
The
Complaint, along with a «Civil Summons» is «served»
on your
spouse either by Sheriff's deputy or certified mail.