If you’re going through a divorce and have heard the term “return of process,” you may wonder what it means and how it could impact your case.
The “return of process” is a legal document proving that the divorce papers have been served to your spouse. It includes details about when, where, and how the papers were served. This document is filed with the court to show that your spouse has been properly notified of the divorce proceedings.
In this article, we’ll explain the meaning of “return of process” in divorce court, why it’s important, and how it could affect your divorce proceedings.
What Does “Return of Process” Mean in Divorce Court?
When you file for divorce, you are required to notify your spouse of the legal action. This is done through a process called “service of process,” where the divorce papers are officially delivered to your spouse.
The person who delivers the papers is called a process server, and they must complete a document called a “return of process” to confirm that the papers have been served.
The “return of process” is a legal document proving that the divorce papers have been served to your spouse. It includes details about when, where, and how the papers were served. This document is filed with the court to show that your spouse has been properly notified of the divorce proceedings.
Why is “Return of Process” Important in Divorce Court?
The “return of process” document is essential to the divorce process because it proves that your spouse has been notified of the divorce proceedings.
If your spouse does not receive proper notification of the divorce proceedings, it could result in the case being delayed or even dismissed.
Sometimes, a spouse may try to avoid being served with divorce papers. This could be because they don’t want the divorce or because they want to delay the proceedings.
If your spouse is avoiding service, it can delay the divorce process and make moving forward with your case more challenging.
However, the “return of process” document proves that the papers were served, even if your spouse tried to avoid being served.
Related Articles:
- What is the Procedure for Obtaining a Divorce?
- Divorce Checklist – 15 Steps to Prepare for a Divorce.
What Happens if There is a Problem with the “Return of Process”?
If there is a problem with the “return of process” document, it could impact your divorce proceedings.
For example, I have seen a situation in which a husband was not properly served the divorce summons. Because he did not receive proper notice of the divorce, he did not know the divorce was proceeding without him.
Eventually, the wife obtained a default divorce judgment against him. Because he was in default, the wife received everything she requested in the divorce judgment.
When the husband discovered this, he filed a motion to overturn the divorce judgment. The husband returned to court and successfully proved that the summons was not properly served on him.
As a result, the judge threw out the original divorce judgment and made the couple start the divorce proceedings all over again. This caused a delay of over six months in the divorce.
If there is a problem with the “return of process” document, addressing it as soon as possible is essential. Otherwise, your case may be delayed or even dismissed.
How to Prove Divorce Summons Were Served on Your Spouse
Proving that a summons was properly served in a divorce case requires evidence that the defendant received the legal notice. Generally, the serving party must show proof of service to the court. This can be done through various methods, including:
- Affidavit of Service: This is a sworn statement by the person who served the summons indicating when, where, and how the summons was served. The affidavit should include the name and address of the person who received the summons and any other relevant details.
- Return of Service: This is a document that the process server or other authorized individual completes showing that the summons was properly served. The document typically includes information about the time, date, and place of service and the name and address of the person who received the summons.
- Acknowledgment of Service: This is a document signed by the defendant, acknowledging that they have received the summons. This can be done through personal service or by mail, requesting the defendant to sign and return the document to the court.
FAQs
Q. Can I serve the divorce papers myself?
A. In most states, you cannot serve the divorce papers yourself. You must hire a process server or have someone else serve the documents for you.
Q. What happens if my spouse refuses to sign the “return of process” document?
A. If your spouse refuses to sign the “return of process” document, it may not affect your divorce proceedings. However, it’s essential to promptly file the document with the court to avoid delays or dismissal of your case.
Q. What if I can’t find my spouse to serve them with the papers?
A. If you cannot locate your spouse to serve them with the papers, you may be able to serve them through alternate means, such as publication in a local newspaper. However, the rules for alternate service vary by state, so it’s essential to consult with an attorney to ensure that you follow the proper procedures.
Q. What if my spouse contests the “return of process” document?
A. If there is a dispute over the service of process, the court will hold a hearing to determine whether or not the service was properly executed.
The party who claims that the service was not properly executed has the burden of proving it. The court will consider evidence presented by both parties, such as affidavits and testimony from process servers, and will decide based on the facts of the case.
If the court finds that the service was not correctly executed, it may dismiss the case without prejudice, which means it can be refiled. Alternatively, the court may allow the plaintiff to attempt service again.
Conclusion
“Return of process” is an important term to understand if you’re going through a divorce. It’s a legal document that proves that your spouse has been notified of the divorce proceedings.
If there are any issues with the “return of process” document, it could delay or even result in the dismissal of your case. By understanding the significance of “return of process,” you can navigate the divorce process more effectively and achieve the best possible outcome for your case.