Serving Divorce Papers

Serving Divorce Papers

Once you have filed the divorce papers, the applicant must serve notice to their partner or the respondent.

The service must be completed at least 28 days prior to a hearing and by either 

                personal delivery

A third party serve the documents to the respondent and the respondent signs that they have received the documents. if the respondent does not sign, the third party who served the documents can provide an affidavit (a statement that they were received by the respondent)

                                or post

Where the documents and appropriate information are sent to the respondent along with an acknowledgement of service. The respondent is required to complete and sign this form and return it. The applicant must then provide two affidavits to identify the signature of the             respondent and confirm the service has occurred.

When neither of these can be carried out, a substitute service, which will require a court order, can occur, but only when circumstances prevent the other options.

All documentation must be signed, completed and filed with the Court before the divorce hearing.

Very rarely, the respondent may defend the divorce. In this case a date is set for the Court to determine whether or not there are grounds for this application.

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