Service of Process
The formal delivery of legal documents (like a divorce petition) to the other party, giving them official notice of the proceedings.
Understanding Service of Process
Service of process is a constitutional requirement ensuring every person receives notice before their rights can be affected by a court. Common methods include personal service by a process server or sheriff, certified mail, or in rare cases service by publication in a newspaper. The filing spouse cannot personally serve the papers. Proof of service must be filed with the court before the case can proceed.
Real-World Examples
Service of process was completed when the sheriff delivered the divorce papers to him at home.
Related Terms
A person authorized to deliver legal documents, such as divorce papers, to the opposing party.
SummonsA legal document notifying the respondent that a divorce action has been filed and they must respond within a set timeframe.
PlaintiffThe person who initiates a divorce lawsuit by filing a petition or complaint with the court.
Related Guides
Have Questions About Service of Process?
Our AI advisor can explain how service of process applies to your specific situation — free, private, and available 24/7.
Ask About Service of ProcessWas this helpful? Help us keep it free.
divorce911.ai is funded entirely by donations. Every dollar keeps the AI assistant and 1,700+ guides free for people in crisis.
Know someone going through a divorce? This could help them.
This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.